Is wrongful termination for public policy reasons a threat to collective bargaining?

California, United States of America


The following excerpt is from Moreau v. San Diego Transit Corp., 210 Cal.App.3d 614, 258 Cal.Rptr. 647 (Cal. App. 1989):

"A claim grounded in state law for wrongful termination for public policy reasons poses no significant threat to the collective bargaining process; it does not alter the economic relationship between employer and employee. The remedy is in tort, distinct from any contractual remedy an employee might have under the collective bargaining contract. It furthers the state's interest in protecting the general public--an interest which transcends the employment relationship." (Garibaldi v. Lucky Stores, Inc., supra, 726 F.2d at p. 1375.)

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