DANIEL KOVATCH, Plaintiff and Appellant, v. CALIFORNIA CASUALTY MANAGEMENT COMPANY, INC., et al., Defendants and Respondents., 65 Cal. App. 4th 1256

Summary

Appellant former employee was an at will employee of appellee former employer. When appellant began to report to appellee former supervisors, appellant claimed to have been subjected to anti-gay animus. Appellant took disability leave. When his leave ended, he refused to return to his old job or accept a demotion, was discharged, and filed suit. The trial court granted summary judgment to appellees. Appellant sought review, and while the court affirmed dismissal of his contract claim because of appellant's at-will status, the court reversed judgment on claims of wrongful termination in violation of public policy and intentional infliction of emotional distress. The court stated that the test was whether a reasonable employee in appellant's position would have felt compelled to resign. Reviewing appellant's factual claims, including that an appellee supervisor had openly shunned appellant, stating a dislike for "faggots," the court found that the trier of fact could have so concluded. ...