September 2007

McGarry v. University of San Diego, 154 Cal. App. 4th 97 (2007)

Following the termination of Kevin McGarry’s employment as head coach of USD’s football team, two university officials allegedly commented to the San Diego Union Tribune newspaper about the reasons for the termination. In response to these statements, McGarry sued the university and the officials for defamation. Defendants responded with successful motions to…

Yield Dynamics, Inc. v. TEA Systems Corp., 154 Cal. App. 4th 547 (2007)

Yield Dynamics, which develops and markets software products designed to facilitate the fabrication of microchips, sued its former employee, Terrence Zavecz, and two business entities of which he is a principal for breach of contract, violation of the Uniform Trade Secrets Act and related claims. After a non-jury trial, the trial…

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 favor of Poland. The Ninth Circuit affirmed the determination…

E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal. App. 4th 1308 (2007)

E-Fab designs and manufactures precision components and tools. When in 1996 E-Fab needed a temporary accountant, it contacted defendant Accountants, Inc. Services. Accountants represented to E-Fab that it had screened Vickie Hunt and had confirmed and verified her qualifications, credentials and accomplishments. From 1996 to 2003, Hunt embezzled approximately $1 million from…

Williams v. United Airlines, Inc., 500 F.3d 1019 (9th Cir. 2007)

Anthony L. Williams, a maintenance worker, sued United Airlines and his former supervisor, alleging retaliatory discrimination under the Federal Airline Deregulation Act’s Whistleblower Protection Program (WPP) and related state law claims. Williams claimed that he was terminated in retaliation for a dispute related to an alleged safety violation. Although United did not challenge…

Payan v. Aramark Mgmt. Services Ltd. P’ship, 495 F.3d 1119 (9th Cir. 2007)

In response to a charge of discrimination and retaliation that Martha E. Payan filed with the EEOC, the agency issued a right-to-sue letter on September 26, 2003. Payan asserted that the date she received the letter was “unknown.” However, it was undisputed that she failed to file her Title VII complaint…

Jones v. California Dep’t of Corrections and Rehabilitation, 152 Cal. App. 4th 1367 (2007)

Kim C. Jones worked as a correctional officer at the R.J. Donovan Correctional Facility for approximately 16 years before experiencing alleged gender discrimination, sexual harassment, race discrimination, assault and battery and intentional and negligent infliction of emotional distress. The trial court granted summary judgment to the defendants, including her supervisors…

Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1 (2007)

Anthony Estrada, a former driver for FedEx, alleged unfair business practices under Business & Professions Code § 17200, contending that the pick-up and delivery drivers were improperly classified as “independent contractors” rather than employees and, as a result, they were owed reimbursement for employment-related expenses as required by Labor Code §…

McGee v. Tucoemas Fed. Credit Union, 153 Cal. App. 4th 1351 (2007)

Kimberly McGee, a former vice president of lending for the credit union, took a leave of absence for surgery and chemotherapy after being diagnosed with breast cancer. The credit union allegedly told McGee that if she did not return to work within four months she would be fired. When McGee returned to…

Harris v. Superior Court, 154 Cal. App. 4th 164 (2007)

Plaintiffs, members of four coordinated class actions filed against two insurance companies, alleged they were improperly classified as exempt employees in violation of the administrative exemption from the overtime requirements of California law. Applying the Administrative/Production Worker Dichotomy analysis, the Court of Appeal concluded that plaintiffs were primarily engaged in work that fell on…