Supreme Court of California
872 P.2d 559 (1994)
Fermino (plaintiff) worked as a salesclerk in a store owned by Fedco, Inc. (Fedco) (defendant). After a theft at the store, the store manager called Fermino to a windowless room and interrogated her about the theft. Security personnel were also present in the room. The manager demanded that Fermino confess to the theft and did not allow her to leave for an extended period of time. Fermino brought a civil suit against Fedco for false imprisonment. The trial court sustained Fedco’s demurrer to the complaint on the ground that the exclusivity provisions of the Workers’ Compensation Act barred the claim. Under these provisions, employees suffering injury at work could not sue their employer, but instead had to seek recovery through the workers’ compensation framework. The Court of Appeal of California affirmed. Fermino appealed.
Rule of Law
Holding and Reasoning (Mosk, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.