Fermino v. Fedco, Inc.

Opinion

MOSK, J.

In this case we consider whether an employee subject to false imprisonment at the hands of her employer may sue that employer in a civil action, or whether such a suit is barred by the exclusivity provisions of the Workers’ Compensation Act (Lab. Code, §§ 3600, 3602). We conclude that her suit would not be barred, because an employer that falsely imprisons its employee has stepped outside its proper role, and an injury resulting therefrom is beyond the scope of what we have termed the “compensation bargain.”

I. Statement of Facts

Because this case comes to us after the sustaining…