California Court of Appeal

Summary judgment for defendant-employer on plaintiff-employee's cause of action for wrongful termination in violation of public policy is affirmed, where: 1) the rule that a labor arbitration pursuant to a collective bargaining agreement has no preclusive effect on a claim pursuant to the Fair Employment and Housing Act (FEHA) unless certain conditions are present, does not extend to common law claims related to the FEHA, such as a claim for wrongful termination in violation of public policy; and 2) here, the arbitration encompassed plaintiff's racial discrimination claim so his cause of action is barred under the doctrine of res judicata.

Appellate Information

• Decided 08/02/2013
• Published 08/02/2013

Judges

• MANELLA

Court

• California Court of Appeal

Counsel