California Wrongful Discharge Law Turns Toward The Plaintiff

Abstract

This Note explores the current state of the public policy exception to the atwill employment doctrine in California. Part I gives a brief history of the evolution of the employment-at-will doctrine. Part II recounts the development of the public policy exception through California cases. Part III introduces the most recent California Supreme Court decision on the issue, Green v. Ralee Engineering Co., and outlines the majority's reasoning in overturning the Court's own precedent. This section also dissects the majority reasoning and points out inconsistencies within the opinion itself. Part IV examines the Green dissents of Justices Baxter and Brown and specifically inquires into the impact of Green on California Labor Code section 1102.5, the Whistleblower Statute. Part V further explores the reasoning behind the Green dissents and looks at the potential impact Green will have on wrongful discharge litigation in California.