California Employment Law Notes

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Stewart v. U.S. Bancorp, 297 F.3d 953 (9th Cir. 2002)

The employees in this case sued their employer for breach of contract and violation of the Oregon wage law when they were given eight weeks’ severance pay instead of the 12 months’ severance that was provided to “middle management.” The employer removed the case to federal court and moved to dismiss it, asserting that…

Neal v. Health Net, Inc., 100 Cal. App. 4th 831 (2002)

Khybrette Neal (a former human resources manager for Health Net, Inc.) sued the company and her former supervisor for race and gender discrimination, breach of contract, fraud, intentional infliction of emotional distress, assault and slander. The employer filed a motion to disqualify Neal’s attorney after the attorney met with and commenced representation of…

Walrath v. Sprinkel, 99 Cal. App. 4th 1237 (2002)

Richard Walrath sued his former employer, Hatcher Press, Inc., for wrongful demotion and discrimination, among other things, and joined his former supervisor in a claim for retaliation in violation of public policy. In his lawsuit, Walrath alleged that he had been retaliated against for complaining about being passed over for a job by younger workers.…

Jefferson v. California Dep’t of Youth Authority, 28 Cal. 4th 299 (2002)

Mary Jefferson worked as a part-time teacher’s assistant at a high school. After the teacher and his students allegedly subjected Jefferson to sexually offensive conduct, she filed a workers’ compensation claim in which she sought benefits for “psychological factors affecting physical condition.” Jefferson later filed a claim of sex discrimination with the…

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…