Ferrick v. Santa Clara Univ.
Annotate this CaseFerrick, a former employee of Santa Clara University (SCU), a private institution, charged Travis, allegedly SCU’s “Director of Real Estate” and Ferrick’s immediate supervisor, with extensive wrongdoing and inappropriate behavior. Only some of the claimed conduct was allegedly reported by Ferrick to SCU’s management. The complaint’s sole cause of action was for wrongful termination in violation of public policy, also known as a Tameny claim. The trial court dismissed without leave to amend, finding that the complaint failed to allege that her discharge violated any fundamental public policy. The court of appeal reversed. The allegations, liberally construed, indicate that Travis accepted a payment, not in trust for SCU, in return for using his position as an SCU employee to place SCU tenants with a private landlord; the complaint adequately pleads that Ferrick had a reasonable basis to suspect commercial bribery and disclosed her “reasonably based suspicions” to SCU. The complaint states a tort cause of action for wrongful termination in violation of public policy.
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