Employee cannot sue her employer for wrongful termination based on policy that prohibits firing employees for filing workers' compensation claims.

Thursday, September 27, 2012

Employment Law: Employee cannot sue her employer for wrongful termination based on policy that prohibits firing employees for filing workers' compensation claims.

Dutra V. Mercy Medical Center Mt. Shasta, California Courts of Appeal-3rd District, No. C067169, Sept. 26, 2012

   Michelle Dutra filed a workers' compensation claim after she injured her back while working for Mercy Medical Center Mt. Shasta. Mercy fired Dutra shortly thereafter. Mercy told Dutra in a confidential meeting that it was her firing her for committing check fraud. Dutra sued Mercy for libel per se and wrongful termination in violation of public policy under Labor Code Section 132a, which generally prohibits discharging an employee for filing a workers' compensation claim. The trial court granted summary judgement in favor of Mercy on Dutra's defamation claim. Also, before dismissing her remaining action for wrongful termination, the trial court allowed her to change her complaint, which she declined to do. 
  Affirmed. The policy behind Section 132a is that there should not be discrimination against workers, who are injured during their employment and who file a workers' compensation claim. Here, Dutra claimed that Mercy violated the policy within Section 132a and thus, she argued that she should be allowed to seek recovery. However, a violation of Section 132a cannot form the basis for a claim of wrongful termination in violation of public policy because the statute has specific procedures and limited remedies available. This court explained that allowing Dutra to pursue the claim based on a Section 132a violation would impermissibly give her broader remedies and procedures than were already provided. As such, the trial court properly dismissed Dutra's action. Partial Publication.
Opinion by Justice Nicholson
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