John Desoto v. Yellow Freight Systems, Inc.

FACTS

LEAVY, Circuit Judge:

John DeSoto brought this action against his employer, Yellow Freight Systems, Inc. (Yellow Freight), alleging that he was wrongfully terminated because he refused to violate the law. The facts are stated in our earlier decision in this case, DeSoto v. Yellow Freight Systems, Inc., 820 F.2d 1434, 1435-36 (9th Cir.1987) (DeSoto I), vacated, 486 U.S. 1050, 108 S.Ct. 2813, 100 L.Ed.2d 914 (1988), on remand, 851 F.2d 1207 (9th Cir.), superceded, 861 F.2d 536 (9th Cir.1988). A summary follows.

DeSoto was employed as a heavy duty pickup and delivery driver at Yellow…