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Case Name | Ballester v. Ecolab | |
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Date | 02/23/2011 | |
Note | A terminated employee's suit for intentional infliction of emotional distress contained allegations that were insufficient to avoid the bar of exclusive remedy. | |
Citation | A129073 | |
WCC Citation | WCC 37162011 CA |
ANTHONY BALLESTER, Plaintiff and Appellant, v. ECOLAB, INC. , Defendant and Respondent. BACKGROUND This lawsuit concerns Anthony Ballester's termination from his employment with Ecolab, Inc. Ballester claims his termination was due to a fraudulent report of his poor performance by his immediate supervisor, which was then ratified by Ecolab managers and corporate officers. He sued Ecolab as a result of his termination, seeking compensatory and punitive damages and reinstatement to his position. In addition, Ecolab argued the second amended complaint failed to state a claim for fraud because it did not and could not allege that Ballester relied on the allegedly fraudulent performance report. Finally, Ecolab argued that, as a matter of law, Ballester could not amend his complaint because workers' compensation provided his exclusive remedy.
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