CA 4th Rejects Section 132a Claim

In an opinion not certified for publication, the Fourth District of the California Court of Appeals ruled that a violation of Labor Code section 132a cannot form the sole basis for a common law tort claim for wrongful termination. In Bravo v. Neiman Marcus Group, Inc., No. D045794, 01/17/2006, Olga Bravo, a Neiman Marcus sales associate, was terminated for taking longer than seven months for workers' compensation disability leave. In December 2001, Bravo injured her foot, filed for workers' compensation benefits, and took workers' compensation leave for her injury in March 2002. In December ...