California Employment Law Notes

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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…

VL Systems, Inc. v. Unisen, Inc., 2007 WL 1807001 (Cal. Ct. App. 2007)

VL Systems (VLS) entered into a computer consulting agreement with Star Trac Strength (a dba of Unisen) whereby Star Trac agreed not to hire any VLS employee for 12 months after the contract’s termination, the breach of which triggered liquidated damages payable to VLS. Within the 12-month period, Star Trac hired…

Noyes v. Kelly Services, 2007 WL 1531824 (9th Cir. 2007)

Lynn Noyes alleged that her supervisor, who was a member of a small religious group called the “Fellowship of Friends,” had engaged in “reverse” religious discrimination when he selected another member of the Fellowship instead of Noyes for a promotion. The trial court granted summary judgment to the employer, but the Ninth Circuit Court…

King v. United Parcel Serv., 2007 WL 1493316 (Cal. Ct. App. 2007)

Richard King, a supervisorial employee who had worked for UPS for almost 30 years, was terminated for an “integrity violation” involving the falsification of a driver’s timecard. In his lawsuit, King alleged that UPS had terminated him because he was diagnosed with a blood disorder that necessitated his taking a medical leave…

Loggins v. Kaiser Permanente Int’l, 2007 WL 1395393 (Cal. Ct. App. 2007)

During her employment with Kaiser, Dianne M. Loggins filed at least four claims alleging race discrimination or retaliation with the EEOC and the DFEH. She also complained to the Human Resources Director that her performance review contained criticisms that had “racial overtones.” Despite her claims of discrimination, Loggins received substantial salary increases…

Polone v. CIR, 473 F.3d 1019 (9th Cir. 2007)

Gavin Polone sued his former employer, United Talent Agency, alleging, among other things, wrongful termination and defamation. In settlement of the defamation claim, Polone agreed to accept $4 million in four equal, six-month installments, beginning on May 3, 1996. Congress amended Section 104 of the Internal Revenue Code in August 1996 (after the first but…

Parker v. Wolters Kluwer U.S., Inc., 2007 WL 969436 (Cal. Ct. App. 2007)

Leonard O. Parker sued his former employer (WKUS) and three of its employees for various employment-related torts and breaches of contract. WKUS served Parker (who was in pro per throughout the proceedings) with a set of form interrogatories and a set of special interrogatories. Parker served late and inadequate responses then…