Wills v. Superior Court

In Wills v. Superior Court (2011) 195 Cal.App.4th 143, the employer terminated plaintiff for threatening coworkers. (Wills, supra, 195 Cal.App.4th at p. 151.) In appealing a judgment following a successful motion for summary judgment, Wills argued a triable issue of material fact existed on whether her conduct reasonably could be interpreted as a threat. (Id. at p. 171.) The Court of Appeal determined this was not "sufficient to create a triable issue of material fact because the question is not whether Wills's comments and conduct reasonably could be construed as threatening. Rather, the question is whether the employer honestly believed Wills violated its written policy against verbal threats, threatening conduct, and violence." (Id. at pp. 171-172.)