Hentzel v. Singer Co.
35 A.L.R. 4th 1015, 138 Cal.App.3d 290, 188 Cal. Rptr. 159 (1982)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When a statute provides a remedial procedure for a right that preexisted at common law, the statutory remedy is considered cumulative to the common law cause of action, not exclusive, unless the legislature explicitly states its intent to preempt the common law remedy.
Facts:
- In 1974, Paul Hentzel was hired by The Singer Company (Singer) as a senior patent attorney.
- Hentzel repeatedly protested what he considered to be hazardous working conditions caused by other employees smoking in the workplace and requested a reasonably smoke-free environment.
- Singer allegedly refused Hentzel's request and instead placed him in a work area with a heavier concentration of smoke.
- Singer also allegedly failed to segregate smoking and non-smoking areas and allowed other employees to antagonize Hentzel for his complaints.
- In late 1979, Singer terminated Hentzel's employment.
- Hentzel alleged that the proximate cause of his termination was his effort to obtain a reasonably smoke-free work environment.
Procedural Posture:
- Paul Hentzel sued his former employer, The Singer Company, in a California state trial court.
- The trial court sustained Singer's demurrer to Hentzel's first cause of action for wrongful dismissal and fourth cause of action for intentional infliction of emotional distress without leave to amend.
- Hentzel filed a first amended complaint containing five causes of action.
- The trial court sustained Singer's demurrer to all five causes of action in the amended complaint, resulting in a judgment of dismissal.
- Hentzel, as the appellant, appealed the trial court's judgment to the California Court of Appeal. Singer is the appellee.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the California Occupational Safety and Health Act (OSHA), which provides a statutory remedy for retaliatory discharge, preempt an employee's pre-existing common law tort action for wrongful discharge in violation of public policy for protesting unsafe working conditions?
Opinions:
Majority - Grodin, P. J.
No. The California Occupational Safety and Health Act (OSHA) does not preempt an employee's common law cause of action for wrongful termination in violation of public policy. The court reasoned that a cause of action for retaliatory discharge for protesting unsafe work conditions existed as a matter of common law public policy before the enactment of CAL-OSHA, rooted in long-standing Labor Code provisions requiring employers to provide a safe workplace. The court applied the principle that if a right was established at common law before a new statutory remedy was created, the statutory remedy is regarded as merely cumulative, and the older remedy may be pursued at the plaintiff’s election. The court distinguished this situation from cases where a statute creates a new right not existing at common law, in which case the statutory remedy is typically exclusive. Since the Legislature did not express a clear intent in CAL-OSHA to eliminate the pre-existing common law tort claim, Hentzel was free to pursue it.
Analysis:
This decision significantly strengthens employee protections against retaliatory discharge for safety-related complaints by affirming that statutory and common law remedies can coexist. It establishes that the creation of an administrative remedy, such as the one in CAL-OSHA, does not automatically strip an employee of their right to bring a tort action, which allows for remedies like punitive damages that may not be available under the statute. The ruling sets a precedent that legislative intent to abrogate a common law right must be clear and will not be inferred simply from the creation of a statutory scheme. This ensures that employees retain broad avenues for relief when terminated for conduct that promotes a fundamental public policy like workplace safety.
