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Flores v. Mobil Corp.1/31/2002
ermanent and stationery. It bears emphasis that defendants were under no obligation to create a position for plaintiff. (McCullah v. Southern Cal. Gas Co., supra, 82 Cal.App.4th at p. 501; Spitzer v. Good Guys, Inc., supra, 80 Cal.App.4th at p. 1389; accord, e.g., Hoskins v. Oakland County Sheriff's Dept., supra, 227 F.3d at p. 730; Aldrich v. Boeing Co., supra, 146 F.3d at p. 1271, fn. 5.)
D. Wrongful Termination
Disability discrimination in violation of the FEHA can form the basis of a common law wrongful discharge claim. (City of Moorpark v. Superior Court, supra, 18 Cal.4th at pp. 1160-1161; Stevenson v. Superior Court (1997) 16 Cal.4th 880, 894-895.) Absent a triable issue whether defendant failed to reasonably accommodate plaintiff's disability, however, there is no basis for plaintiff's claim of a public policy violation. (Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 632.)
IV. Disposition
The judgment is affirmed. Defendants, Mobil Oil Corporation and Mobil Business Resources Corporation, are to recover their costs on appeal from plaintiff, Ysidro Flores.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
GRIGNON, J.
MOSK, J.
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