Boston v. Penny Lane Centers, Inc., 170 Cal. App. 4th 936 (2009)

LaToya Boston worked as a therapist and treatment coordinator for Penny Lane, a social services agency that operates group homes for juveniles and offers therapy for children and families. When Boston was first hired, Penny Lane maintained staffing ratios of one staff member for every three clients, but in time the number of clients increased, making it difficult for Boston to do her job and adhere to safety guidelines. After Boston was injured when a fight broke out between clients in her group therapy, she complained that “my work environment is no longer safe.” Following Boston’s termination a month later (ostensibly for poor performance), she sued for tortious termination in violation of the public policy contained in Labor Code §§ 6310-6312 (prohibiting retaliation for refusal to work in violation of health and safety standards, among other things). At trial, the jury awarded Boston $500,000 in compensatory damages and $200,000 in punitive damages. The Court of Appeal affirmed the judgment in Boston’s favor, rejecting Penny Lane’s assertion that she was limited to an exclusive remedy under Health & Safety Code § 1596.882 (protecting from discrimination employees who make a good faith complaint to a regulatory agency or the employer regarding violations of the Health & Safety Code). The Court also held the trial court did not abuse its discretion by admitting testimony from Boston’s expert witnesses, whose expert reports and writings Penny Lane contended had not been timely produced prior to trial. Cf. Rankin v. Longs Drug Stores Cal., Inc., 169 Cal. App. 4th 1246 (2009) (federal Combat Methamphetamine Epidemic Act operated to abate any action against employer for its alleged violation of Labor Code § 432.7, which prohibits an employer from asking applicants about convictions for certain drug offenses more than two years old); Gibson v. Office of the Attorney Gen., 561 F.3d 920 (9th Cir. 2009) (California OAG did not violate attorney-employee’s First Amendment rights or breach its contract with her by insisting that she cease to represent another OAG employee in a private legal malpractice case).

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.