Defendant’s Motion to Strike
Colleen Harmon (Plaintiff) was employed with the County of San Luis Obispo (Defendant) from 2000 to 2012, as a Software Engineer III. Plaintiff’s FEHA action alleges discrimination and retaliation based upon sex and age arising out of her employment. Plaintiff further alleges claims for constructive termination because the retaliatory working conditions were so intolerable that she had no other option but to quit.
The third cause of action alleges constructive wrongful termination in violation of FEHA. Defendant previously moved for judgment on the pleadings on the third cause of action on the grounds it is immune from a common law claim for constructive termination in violation of public policy. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876) The Court granted the motion with leave to amend, but the dispositive issue in that motion was whether Plaintiff properly exhausted her administrative remedies.
On June 15, 2017, Plaintiff
Hearing Date
November 08, 2017
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Defendant’s Motion to Strike
Colleen Harmon (Plaintiff) was employed with the County of San Luis Obispo (Defendant) from 2000 to 2012, as a Software Engineer III. Plaintiff’s FEHA action alleges discrimination and retaliation based upon sex and age arising out of her employment. Plaintiff further alleges claims for constructive termination because the retaliatory working conditions were so intolerable that she had no other option but to quit.
The third cause of action alleges constructive wrongful termination in violation of FEHA. Defendant previously moved for judgment on the pleadings on the third cause of action on the grounds it is immune from a common law claim for constructive termination in violation of public policy. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876) The Court granted the motion with leave to amend, but the dispositive issue in that motion was whether Plaintiff properly exhausted her administrative remedies.
On June 15, 2017, Plaintiff