Section 1942

Citation: Section 1942
Parent Document: Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction: California (state)
Effective Date: 1970-11-10
Original Source: https://www.courtlistener.com/opinion/2610738/schweiger-v-superior-court/ ↗

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In related areas of jurisprudence, our courts have not hesitated to prohibit retaliatory exercises of broad private powers when they interfere with public policy. In Glenn v. Clearman's Golden Cock Inn (1961) 192 Cal. App.2d 793 [13 Cal. Rptr. 769], an employer discharged his employees because they had applied for union membership. The employees sued for damages. The Court of Appeal held that, although the contracts of employment were at will and generally could be terminated by either party, the rule was "modified by an exception that prevents a contract of employment at will from being terminated where the reason for termination is one which violates established public policy." (Id. at p. 796.) Thus, the court concluded that the broad power of the employer to terminate employment contracts at will under Labor Code section 2922 was limited by the public policy expressed in Labor Code sections 922 and 923, which gave employees an unfettered right to organize. "It would be a hollow protection indeed that would allow employees to organize and would then permit employers to discharge them for that very reason, unless such protection would afford to the employees the right to recover for this wrongful act." (Id. at p. 798.)

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