Jersey v. John Muir Medical Center

In Jersey v. John Muir Medical Center (2002) 97 Cal.App.4th 814, a hospital employee was assaulted by a patient suffering from head trauma. (Jersey, supra, 97 Cal.App.4th at p. 819.) After the employee filed a personal injury action against the former patient, the hospital asked the employee to dismiss the action or face termination, explaining that the hospital's mission was to treat head trauma victims who sometimes acted violently due to their condition. (Ibid.) When the employee refused to abandon her action, the hospital fired her. (Ibid.) The trial court granted summary judgment for the hospital on the employee's Tameny v. Atlantic Richfield Co. (1980) claim. (Ibid.) On appeal, the employee contended that her discharge contravened her right to sue, as recognized in the federal and state Constitutions and state law (U.S. Const., 1st Amend.; Cal. Const., art. I, 3), as well as a public policy against sexual battery, as reflected in Civil Code section 1708.5, which creates a cause of action for this misconduct. (Jersey, supra, 97 Cal.App.4th at p. 821.) In affirming summary judgment, the appellate court concluded that "none of the broad constitutional and statutory provisions the employee relied upon reflect a legislative determination that it is against public policy for an employer to insist that its employees not sue its customers, clients or patients." (Id. at p. 825.)