California Employment Law Update

Category Archives: Constructive Discharge

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Statute Of Limitations For Constructive Discharge Claim Began To Run After Employee’s Resignation Date

Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016) Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December … Continue Reading

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department.  The plaintiff claimed discrimination, constructive discharge and wrongful termination on the basis of her race.  (The plaintiff was represented by Tom Girardi, who had previously represented Erin … Continue Reading

Union Employee’s Claims Were Not Preempted By Federal Law

Sciborski v. Pacific Bell Directory, 205 Cal. App. 4th 1152 (2012) Annie Sciborski sued her former employer, Pacific Bell Directory, after it deducted approximately $19,000 from her wages to recover a $36,000 sales commission that had been paid to her. After a three-day trial, the jury found Pacific Bell’s wage deductions violated the Labor Code … Continue Reading

New Trial Ordered In Police Officer’s Case Alleging Discrimination and Retaliation

Grobeson v. City of Los Angeles, 190 Cal.App.4th 778 (2010) A jury rejected Mitchell Grobeson’s claims against the City of Los Angeles and Daniel Watson for alleged unlawful discrimination, harassment, retaliation and constructive discharge. The trial court granted Grobeson’s motion for a new trial based on juror misconduct, and the Court of Appeal affirmed except … Continue Reading

Court Affirms Judgment And Attorney’s Fees Award To Employee Who Suffered Retaliation

Steele v. Youthful Offender Parole Bd., 162 Cal. App. 4th 1241 (2008) Lisa Steele worked as an office assistant/receptionist for the YOPB. In her spare time, Steele competed in several bikini contests that were sponsored by a local radio station. On the day of the final contest, Raul Galindo, chairman of the YOPB, asked Steele … Continue Reading

Customs Service Employee Was Retaliated Against, But Not Constructively Discharged

Poland v. Chertoff, 494 F.3d 1174 (9th Cir. 2007) James R. Poland, a former employee of the U.S. Customs Service, alleged age discrimination in violation of the ADEA, retaliation and constructive discharge resulting from his transfer to a new job in a new location. After a bench trial, the district court entered a $339,000 judgment in … Continue Reading

Statute Permitting Retiring Educators To Work Part Time Does Not Support Public Policy Claim

Sinatra v. Chico Unified School Dist., 119 Cal. App. 4th 701 (2004) Charles F. Sinatra, a former assistant principal at Chico High School, alleged wrongful termination in violation of the public policy purportedly embodied in California Education Code § 44922, which permits a school district to allow older, full-time employees to work part time without … Continue Reading
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