Unfair Dismissal- Yau v. Santa Margarita Ford, Inc.

Yau v. Santa Margarita Ford, Inc. is one of the recent unlawful termination and unfair dismissal cases that took place in California. The plaintiff was Eddie Yau, a service manager whose wrongful dismissal case was first tossed by the trial court. An appellate court in California reversed the dismissal of Yau’s suit in late August.


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History of This Unfair Dismissal Case

Yau was employed as a service manager by a Ford dealer in California. The former mechanic blew the whistle after he noticed that false warranty claims were being submitted to Ford. He was fired soon afterwards and that led to his claim of unfair dismissal. Yau brought a wrongful termination suit against Santa Margarita Ford and stated that he was dismissed from his job in violation of California law.


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Yau’s Unfair Dismissal Claim- Result of Appeal

The dismissal of his suit was reversed after the court determined that Yau pleaded his case adequately and laws regarding criminal conspiracy, fraud and retribution for his failure to participate in criminal activity were violated. However, the appellate court supported the lower court’s stance that any emotional damage Yau sustained from being fired was not intentional.

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