Hunter v. Up-Right, Inc.

Opinion

PANELLI, J.

We granted review in this case to determine whether Foley v. Interactive Data Corp. (1988) 47 Cal.Sd 654 [254 Cal.Rptr. 211, 765 P.2d 373] (Foley) precludes recovery of tort damages for fraud and deceit predicated on a misrepresentation made to effect termination of employment. Foley made clear that the employment relationship is “fundamentally contractual,” and that—terminations in violation of public policy aside—contract damages are the appropriate remedy for wrongful termination. (Foley, supra, 47 Cal.3d at pp. 665, 696, 699.) We have continuously adhered to that view.…