A county hospital nurse filed a workers compensation stress claim and demanded to be removed from working under the supervision of her manager. The employer refused to do so. The nurse then told a co-worker and the worker's compensation claims examiner that if she ever worked for her supervisor again, she would kill her. The nurse then sued for wrongful termination, claiming her conduct did not violate this law. The California Court of Appeal held that even if her behavior did not violate the code section, the employer had the right, indeed the duty, to terminate her employment in order to provide a safe work environment for others.
Information here is correct at the time it is posted.
Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first. All rights reserved. Read our Privacy Policy.