The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.
On December 13, 2013, the California Court of Appeal held that Jorge L. Vasquez did not state a valid legal claim for constructive termination in violation of public policy. The employee claimed that the employer violated the Labor Code by assigning him tasks that required extensive use of his vehicle and refusing to reimburse him for mileage. That was not enough to support his claim for wrongful termination. Not surprisingly, the Court also held that the employee failed to state a claim for intentional infliction of emotional distress. The Court threw the employee a bone by finding that the trial court should have allowed the employee one additional chance to amend the complaint.