Cabesuela v. Browning-Ferris Industries of California, Inc

In Cabesuela v. Browning-Ferris Industries of California, Inc. (1998) 68 Cal.App.4th 101, the plaintiff filed a first amended complaint alleging, among other things, wrongful termination in violation of public policy and intentional infliction of emotional distress. (Id. at p. 106.) The trial court sustained the demurrer to the cause of action for wrongful termination in violation of public policy on the theory that it was barred by the exclusive remedy provisions of the Workers' Compensation Act. (Id. at p. 112.) The Court concluded that the trial court had improperly sustained the demurrer as to this cause of action. (Ibid.) The Court also stated that "when an employer's decision to discharge an employee results from an animus that violates a fundamental policy, such misconduct cannot be considered a normal part of the employment relationship. Thus, where a plaintiff's emotional distress claim is premised upon his employer's violation of a fundamental public policy of this state, such misconduct lies outside of the exclusive remedy provisions of the Labor Code. " (Id. at pp. 112-113.)