California Employment Law Update

Monthly Archives: May 2008

Employee Is Entitled To Recover Attorney’s Fees In Breach Of Contract Action Filed By His Former Employer

Profit Concepts Mgmt., Inc. v. Griffith, 162 Cal. App. 4th 950 (2008) Profit Concepts sued Greg Griffith, a former employee, for breach of contract and misappropriation of trade secrets in Orange County Superior Court. Griffith, who was an Oklahoma resident at the time, moved to quash service for lack of personal jurisdiction. (The contract contained … Continue Reading

Nurse Who Alleged Violation Of False Claims Act Need Not Satisfy Heightened Pleading Standard

Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097 (9th Cir. 2008) Marie Bernadette Mendiondo, who worked as a nurse at the medical center, alleged she was terminated in retaliation for her complaints regarding allegedly false billing and reimbursement practices and substandard patient care in violation of the Federal and California False Claims Acts. Although … Continue Reading

Common Interest Privilege Does Not Shield AT&T From Potential Defamation Claim

SDV/ACCI, Inc. v. AT&T Corp., 522 F.3d 955 (9th Cir. 2008) SDV/ACCI (a consulting and staffing service company) and its principals sued AT&T after one of AT&T’s employees sent several e-mails in and outside the company stating that SDV/ACCI would no longer be providing services to AT&T because SDV/ACCI was having “financial difficulties.” The district … Continue Reading

Employee Who Was Involved In Auto Accident Was Not Acting Within The Scope Of Employment

Miller v. American Greetings Corp., 161 Cal. App. 4th 1055 (2008) Holly and Paul Miller sued Christopher Magdaleno and American Greetings, his employer, for injuries Holly sustained when Magdaleno hit her with his pick-up truck while she stood next to her car on a road in Pasadena. The Millers subpoenaed Magdaleno’s cellphone records, which indicated … Continue Reading

$1.8 Million Judgment Affirmed In Favor Of Employee Who Was Discriminated Against On The Basis Of Race And Gender

Harvey v. Sybase, Inc., 161 Cal. App. 4th 1547 (2008) Marietta Harvey was hired and supervised by Nita White-Ivy in the human resources departments of two different companies, including Sybase. When Sybase terminated Harvey, she alleged discrimination on the basis of race or gender. The jury agreed and returned a verdict in Harvey’s favor in … Continue Reading

Owners And Managers Cannot Be Held Personally Liable For Wage Violations

Bradstreet v. Wong, 161 Cal. App. 4th 1440 (2008) Toha Quan and Anna Wong owned the capital stock and served as corporate officers or directors of three San Francisco garment manufacturing companies (the “Wins Corporations”). For several months during the summer of 2001, the Wins Corporations failed to meet their payroll obligations, and the owners … Continue Reading

Employee Who Requested Medical Leave For Depression While Working For Another Employer May Have Been Improperly Terminated

Lonicki v. Sutter Health Central, 43 Cal. 4th 201 (2008) Antonina Lonicki, a certified technician of sterile processing, was fired when she failed to return to her job at Sutter, following a leave of absence. During the leave, Lonicki continued to perform the same job duties at Kaiser in the same geographic area. In her … Continue Reading