Prachasaisoradej v. Ralphs Grocery Co., 2007 WL 2388914 (Cal. S. Ct. Aug. 23, 2007)
Eddy Prachasaisoradej, a produce manager for Ralphs, challenged the calculation of bonuses he received under a written incentive compensation plan, which included deductions for expenses and losses due to cash and merchandise shortages and shrinkage, workers’ compensation, tort claims and other losses beyond his control. After unsuccessfully removing the case
Eicher v. Advanced Bus. Integrators, Inc., 2007 WL 1678244 (Cal. Ct. App. 2007)
ABI sells computer software that is used in sports and entertainment venues to schedule staff, manage payroll, credentialing and security and to keep track of costs. ABI employed Michael Eicher to provide on-site customer service and training on the ABI software. ABI considered Eicher to be a consultant and paid him
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 127 S. Ct. 2162 (2007)
Lilly Ledbetter was employed by Goodyear for approximately 19 years at the company’s Gadsden, Alabama plant. After taking early retirement, Ledbetter commenced this action against Goodyear in which she alleged pay discrimination on the basis of gender in violation of Title VII and the Equal Pay Act. Goodyear asserted
Faust v. California Portland Cement Co., 150 Cal. App. 4th 864 (2007)
After Michael Faust notified his plant manager that various unnamed employees had engaged in internal theft and misconduct, the plant manager informed Faust’s supervisor of the allegations who in turn warned Faust’s co-workers to “watch their backs” around Faust. Faust, who received the “cold shoulder” from his coworkers, soon began to experience
Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007)
Calvin Franklin alleged that a co-worker had threatened to have him and three other employees killed, that Monadnock did nothing in response to the threats and that the co-worker thereafter assaulted him with a screwdriver. After Franklin reported the threats and the assault to the police, his employment was terminated. Franklin alleged that
Air Couriers Int’l v. Employment Dev. Dep’t, 150 Cal. App. 4th 923 (2007)
Sonic Couriers of Arizona (Air Couriers’ predecessor) filed a complaint for refund against the Employment Development Department (EDD) to recover employment taxes it paid for its drivers, which Sonic contended were independent contractors and not employees. Among other things, the EDD established that Sonic provided the drivers with pick-up and delivery
Burnside v. Kiewit Pac. Corp., 2007 WL 1760747 (9th Cir. 2007)
The employees in this class action case were required to report to a designated site before being transported in company vans or pickup trucks to their jobsites. The employees were told that the reason for this arrangement was that there was a “shortage of parking spaces at the jobsites.” The combined meeting and
PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, 150 Cal. App. 4th 384 (2007)
PCO, Inc., by and through its duly appointed receiver, Barry A. Fisher, filed this action against Robert L. Shapiro and his law firm, Christensen, Miller, et al., alleging that Shapiro improperly directed a group of individuals to remove over $6 million in cash (which was packed
Zengen, Inc. v. Comerica Bank, 41 Cal. 4th 239 (2007)
Zengen’s CFO embezzled $4.6 million by directing four fraudulent funds transfers from the company’s account to an account he controlled. Although the trial court granted summary judgment to the bank (which was affirmed by the Court of Appeal), the California Supreme Court reversed. The Supreme Court construed the California Uniform Commercial Code (Section 11505),
Huong Que, Inc. v. Luu, 150 Cal. App. 4th 400 (2007)
After Mui Luu and Cu Tu Nguyen sold Huong Que, Inc. (the “most well known, recognized and trusted brand name for traditional style Vietnamese calendars”) to Con Tu, they agreed to remain employed as the company’s “managing agents.” The sales agreement contained a covenant not to compete whereby Luu and Nguyen agreed not