People v. Farell, 28 Cal. 4th 381 (2002)
On his last day of employment as an electrical engineer at Digital Equipment Corporation, Alejandro Farell printed out confidential design specifications for certain computer chips, which could have been used in designing other technology. The evidence of Farell’s misappropriation was obtained during the execution of a search warrant at his home a few days after his
Silo v. CHW Medical Found., 27 Cal. 4th 1097 (2002)
Terence Silo worked as a file clerk for CHW, a medical clinic sponsored by three Roman Catholic congregations. Approximately 16 months after he started working for CHW, Silo experienced a “religious conversion” after which time he became an evangelical Christian. After a patient and several coworkers complained about Silo’s “preaching,” he was repeatedly counseled
Jersey v. John Muir Med. Ctr., 97 Cal. App. 4th 814 (2002)
Ester Jersey was employed as a nursing assistant and technician at a hospital when she was injured by a patient in the rehabilitation unit who was suffering from head trauma. Less than one year later, Jersey filed a personal injury action against the hospital’s former patient. When Jersey’s superiors at the hospital
Sav-On Drug Stores, Inc. v. Superior Court, 97 Cal. App. 4th 1070, review granted by the Cal. Supreme Court (2002)
Plaintiffs alleged that Sav-On wrongfully failed to pay overtime wages to class members consisting of current and former employees who were classified as operating managers and assistant managers. After losing the class certification motion in the trial court, Sav-On petitioned the Court of Appeal
Tomlinson v. Qualcomm, Inc., 97 Cal. App. 4th 934 (2002)
While working on a reduced schedule as part of a family leave of absence, Lona Tomlinson was selected for layoff and terminated. Tomlinson asserted that her termination violated the California Family Rights Act (CFRA), Cal. Gov’t Code § 12945.2, based on her contention that employees who are on family leave are “immune” from layoff
Oregon Bureau of Labor and Indus. v. U.S. West Communications, Inc., 288 F.3d 414 (9th Cir. 2002)
Darryl Richardson filed a discrimination complaint against his employer with the Oregon Bureau of Labor and Industries (BOLI) — a state administrative agency. In response, U.S. West removed the action to federal court, asserting the court had subject matter jurisdiction under Section 301 of the Labor Management
Colarossi v. Coty US Inc., 97 Cal. App. 4th 1142 (2002)
In this case of alleged wrongful termination in violation of public policy, Kimberly Colarossi alleged that her employment was terminated after she participated as a witness in an investigation of sexual harassment by a manager at the company (Deborah Bassett). The trial court excluded as hearsay evidence that a co-employee had told another
City of Oakland v. WCAB, 99 Cal. App. 4th 261 (2002)
David Gullet, a former employee of the Oakland Parks and Recreation Department, was demoted from his position as Parks Supervisor II to Parks Supervisor I due to budgetary pressures facing the city. In response to the demotion, Gullet filed a workers’ compensation claim and left his job after which time he received psychological
Kasky v. Nike, Inc., 27 Cal. 4th 939 (2002)
In a 4-3 decision, the California Supreme Court upheld claims filed against Nike pursuant to California Business & Professions Code Sections 17204 (unfair competition) and 17535 (false advertising). Acting on behalf of the California consuming public, plaintiff alleged that Nike had made false and misleading statements concerning the working conditions in Asian factories where Nike
Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002)
In this class action, eight former “freelance” Microsoft workers alleged that the company had improperly deprived them of employee benefits, including participation in the Employee Stock Purchase Plan. Nine years after the case was filed, the parties settled the matter when Microsoft agreed to pay approximately $97 million into a settlement fund. Plaintiffs’ attorneys