Tuesday, January 7, 2014

Vasquez v. Franklin Management Real Estate Fund, Inc.

Employee’s allegation that defendant employer violated the Labor Code by assigning plaintiff tasks that required extensive use of his vehicle, but refused to reimburse him for mileage--and that plaintiff had to quit as a result did not, in and of itself, sufficiently plead a cause of action for constructive wrongful discharge. Trial court abused its discretion by denying plaintiff leave to amend his claim. An allegation that plaintiff’s work-related auto expenses were so high, in comparison with his wages, as to deprive him of the protection of the wage-and-hour laws would have cured the deficiency in the pleading. Defendant’s alleged conduct was not so outrageous as to constitute intentional infliction of emotional distress, and trial court was not required to grant plaintiff leave to amend that proposed cause of action.
     Vasquez v. Franklin Management Real Estate Fund, Inc. - filed December 3, 2013, publication ordered December 31, 2013, Second District, Div. Four

     Cite as 2014 S.O.S. B245735

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