Syverson v. IBM, 2006 WL 2506421 (9th Cir. 2006)
The former IBM employees in this class action challenged their purported waiver of claims arising under the federal Age Discrimination in Employment Act (ADEA) on the ground that the waiver, which was part of a severance agreement, was not “knowing and voluntary” within the meaning of the Older Workers Benefit Protection Act (OWBPA). According to
United States v. Ziegler, 456 F.3d 1138 (9th Cir. 2006)
After the owner of Frontline Processing contacted the FBI with a tip that an employee, Brian Ziegler, had accessed child pornography on the Internet from a workplace computer, Frontline entered Ziegler’s locked office and made a copy of the computer’s hard drive, which was provided to the FBI. Forensic examiners at the FBI discovered
Deveraturda v. Globe Aviation Sec. Services, 454 F.3d 1043 (9th Cir. 2006)
Virgil Deveraturda and other similarly situated employees, who were employed by Globe Airport Security Services to provide screening services at San Jose International Airport, were laid off as a result of the Aviation and Transportation Security Act of 2001. The employees were not given the 60 days’ notice provided under the WARN
Soukup v. Law Offices of Herbert Hafif, 39 Cal. 4th 260 (2006)
Peggy Soukup, a former employee of the Law Offices of Herbert Hafif, sued Ronald C. Stock for abuse of process and malicious prosecution based upon Stock’s prosecution of an earlier lawsuit against Soukup on behalf of the Hafifs and their law firm. The underlying lawsuit, which involved Soukup’s alleged disclosure to a
Butler v. The Vons Companies, Inc., 140 Cal. App. 4th 943 (2006)
While working as a stock clerk for Vons, Sheldon Butler signed a “Compromise and Release Settlement Agreement” arising from an altercation that Butler had with a co-employee. Approximately two years later, Butler filed unrelated claims alleging employment discrimination and violation of Business & Professions Code § 17200, and Vons sought to rely
Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006)
In this proceeding, several California clients of SSB filed a putative class action seeking damages and injunctive relief against SSB’s Atlanta-based branch’s practice of recording telephone conversations with California residents without their knowledge or consent. The lower court affirmed dismissal of the lawsuit after applying the law of the State of Georgia. The
Singleton v. United States Gypsum Co., 140 Cal. App. 4th 1547 (2006)
John Singleton, a maintenance mechanic employed by USG, was, according to the employer, terminated for having said words to the effect of “if we [have to] work on Christmas, I am going to come in here with a gun and shoot everybody except Sandy.” Singleton denied making the statement though he admitted
Smith v. Superior Court (L’Oréal USA, Inc.), 39 Cal. 4th 77 (2006)
Aspiring actress and model, Amanza Smith, worked as a “hair model” for L’Oréal at Christophe hair salon for which she was paid $500 for one day’s work. L’Oréal considered Smith to be an independent contractor and took more than two months to pay her the compensation it owed to her. Smith filed
Dark v. Curry County, 451 F.3d 1078 (9th Cir. 2006)
Robert Dark, an epileptic since the age of 16, worked as a maintenance and construction worker for Curry County, Oregon for approximately 16 years. Among other things, Dark operated heavy equipment such as construction vehicles for the County. On the morning of January 15, 2002, Dark experienced an “aura” (a “nervous jerk”) that signaled
Gonzalez v. Kalu, 140 Cal. App. 4th 21 (2006)
Gabriela Gonzalez, who worked as a cleaner for a building maintenance company, hired an attorney to represent her in a matter involving a possible sexual harassment claim against her employer. The attorney sent a letter to Gonzalez’s employer asserting the employer’s liability, threatening to file a lawsuit and demanding a settlement. The letter also warned