Reversing a $238,328 judgment in favor of an employee who claimed he was terminated in violation of public policy under California law for complaining about alleged sexual harassment, the California Court of Appeal has ruled the jury instruction requiring the employee to prove his complaint was “a motivating reason” for his termination, rather than “a substantial motivating reason,” was erroneous. Mendoza v. Western Medical Ctr. Santa Ana et al., No. G047394 (Cal. Ct. App. Jan. 14, 2014). Finding the jury instruction was inconsistent with California Supreme Court’s decision in Harris v. City of Santa Monica, 56 Cal. 4th 203 (2013), the Court ordered a new trial with the proper jury instruction.
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