**Former Salesman Sues A&A Organic Farms Corporation Over Termination for Refusing COVID-19 Test**
On May 29, 2024, Ryan Owen Frayo filed a complaint against A&A Organic Farms Corporation and its owners, Andrew D. Martin and Aimee M. Raphael-Martin, in the Sixth Appellate District of the Court of Appeal of the State of California. The case, originating from Santa Cruz County under Super. Ct. No. 22CV00610, revolves around Frayo's termination after he refused to take a COVID-19 test.
Ryan Owen Frayo was employed as a salesman by A&A Organic Farms Corporation (A&A), which is owned by Andrew D. Martin and Aimee M. Raphael-Martin. During the height of the COVID-19 pandemic in August 2020, A&A implemented strict guidelines requiring employees to provide a negative COVID-19 test before returning to work if they exhibited symptoms or were exposed to the virus.
On May 17, 2021, Frayo informed Martin via text message that he was feeling unwell with symptoms such as sweating and a headache. In accordance with company policy, Martin requested that Frayo take a COVID-19 test at CVS pharmacy before returning to work. Frayo declined, citing personal beliefs and legal concerns about disclosing his medical information.
Martin responded by stating that if Frayo did not take the test, it would be considered his resignation. When Frayo reiterated his refusal to take the test and questioned whether his employment was terminated based on this refusal, Raphael-Martin informed him that they were consulting legal counsel on the matter. On May 19, 2021, A&A officially terminated Frayo’s employment due to his non-compliance with their testing requirement.
In March 2022, Frayo filed a lawsuit against A&A and its owners alleging violations of the Confidentiality of Medical Information Act (CMIA). He claimed that his termination violated section 56.20(b) of CMIA because it constituted discrimination based on his refusal to provide medical information without authorization. Additionally, he argued that using his description of symptoms as grounds for termination violated section 56.20(c).
However, on May 9, 2022, Frayo voluntarily dismissed Martin and Raphael-Martin from the initial complaint without prejudice. Subsequently, A&A demurred to the complaint arguing that it failed to state a claim under CMIA since they never requested an authorization form for medical information nor possessed any medical information as defined by CMIA.
The trial court sustained A&A’s demurrer but granted leave for amendment. In his first amended complaint, although new allegations were added by Frayo regarding respondents asking him to take a COVID-19 test before returning to work which he refused leading up to his termination; ultimately facts remained unchanged from initial filing resulting in sustaining another demurrer without leave for further amendments.
The court concluded that section 56.20(b) prohibits employer discrimination based on an employee’s refusal only when asked explicitly through signing an authorization form allowing access/release/disclosure/sharing confidential medical info – something not done here per evidence presented hence no valid claim established under said provision while also noting necessary action exception allowing employers act absence required data compliance lawful policies/guidelines followed thusly dismissing second cause action likewise failing establish possession/use/disclosure any such info obtained healthcare provider per statute definitions therein too inadequately pled lacking factual basis supporting claims raised thusly dismissing entire suit accordingly
Represented legally respective counsels Greenwood P.J., Bamattre-Manoukian J., Adams J.* overseeing proceedings case H050689