![]() (Ibid.)Īctual discharge carries significant legal consequences for employers, including possible liability for wrongful discharge. Code, § 2922.) An employee voluntarily severs the relationship by resignation the employer does so by actual discharge. We granted ABI's petition for review.Įmployment relationships are generally terminated by resignation or discharge. It held that the "cumulative effect" of the "long list of alleged actions and conditions" established a triable case of constructive wrongful discharge in violation of public policy. The Court of Appeal affirmed the summary judgment as to the contract claim, but reversed on the public policy claim. ABI then obtained summary judgment on the breach of contract and public policy claims. Turner's emotional distress claims were dismissed on ABI's motion for judgment on the pleadings he voluntarily dismissed his claim for age discrimination. The individual defendants were dismissed in various pretrial proceedings. After his departure, Turner filed suit against ABI and certain individuals, alleging causes of action for age discrimination, constructive wrongful discharge in violation of public policy, breach of contract, and both intentional and negligent infliction of emotional distress. On January 3, 1989, Turner tendered a letter of resignation to ABI, effective February 1, 1989. Turner denied that charge and criticized the supervisors' decision to wait until the meeting to complain of the particular incidents, rather than discussing them at the time of their occurrence. On that day, Turner met with ABI supervisors who, citing specific incidents, alleged that Turner's job performance had deteriorated. (He received a "needs improvement" rating in December 1984.) On his December 28, 1988, evaluation, however, Turner received a "needs improvement" rating. With one exception, Turner received overall "good" ratings on written performance evaluations between June 1984 and November 1987. In January 1986, Schmitt was transferred to St. In his new position, Turner no longer reported to Schmitt. In May 1985, Turner was reassigned to the position of "assistant supervisor route sales." He retained the same salary and level of responsibility. Turner's immediate supervisor was William Schmitt. As such, he was responsible for coordinating sales activities with retailers who sold ABI products off-sale, i.e., for consumption away from the retailers' premises. Turner's initial position at the Riverside division was "branch off-premises coordinator" in the sales department. In January 1984, Turner returned to work for ABI at its wholesale operations division in Riverside. Turner worked at ABI's Los Angeles brewery as an industrial relations manager for approximately six years, until his voluntary resignation in 1981. We therefore reverse the judgment of the Court of Appeal and direct summary judgment in favor of ABI. Applying those elements, we discern no material issue of fact and no legal foundation for Turner's case. We now consider the elements of a cause of action for constructive wrongful discharge in violation of fundamental public policy. Although ABI prevailed on summary judgment in the trial court, Turner persuaded the Court of Appeal to reinstate his claim. (ABI), to quit his job after he complained of ABI's alleged illegal activity. Turner asserts he was forced by his employer, defendant Anheuser Busch, Inc. Gonzalez as Amici Curiae on behalf of Defendant and Respondent. Paul, Hastings, Janofsky & Walker, Paul Grossman, Paul W. Quackenbush as Amici Curiae on behalf of Plaintiff and Appellant.īallard, Rosenberg & Golper, John B. Separate dissenting opinion by Kennard, J., with Woods (A. Separate concurring and dissenting opinion by Mosk, J. J., with Arabian, Baxter and George, JJ., concurring. ANHEUSER-BUSCH, INC., Defendant and Respondent.
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