California Employment Law Notes

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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…

Atascadero Unified School Dist. v. WCAB, 98 Cal. App. 4th 880 (2002)

The employee in this case filed an application for workers’ compensation benefits in which she alleged that she had suffered a psychological injury as a result of workplace gossip about her extramarital affair with a coworker. The Court of Appeal annulled the ruling of the WCAB that was in favor of the…

Ortiz v. Los Angeles Police Relief Ass’n, 98 Cal. App. 4th 1288 (2002)

Cipriana Ortiz was employed as an administrator for LAPRA (a private, nonprofit association that processes employee benefits claims of current and former LAPD officers). Ortiz had access to officers’ names, residential addresses, telephone numbers, medical histories, family information, etc. During the course of her employment, Ortiz became romantically involved with and…

Kalaba v. Gray, 95 Cal. App. 4th 1416 (2002)

In this medical malpractice case, plaintiff failed to designate by name and address any of her past or present treating physicians. When the trial commenced, plaintiff identified several of her treating physicians whom she intended to call as expert witnesses. The trial court sustained defendant’s objection to plaintiff’s calling any of the treating physicians who…

Phillips v. St. Mary Regional Med. Ctr., 96 Cal. App. 4th 218 (2002)

Plaintiff, a former social worker for St. Mary, a nonprofit, religiously-affiliated hospital, alleged wrongful termination in violation of the public policy against race and sex discrimination as embodied in the California Fair Employment and Housing Act (FEHA), the California Constitution and Title VII of the Civil Rights Act of 1964. The…

TBG Ins. Serv. Corp. v. Superior Court, 96 Cal. App. 4th 443 (2002)

The employer in this case had provided its employee, Robert Zieminski, with two computers – one for the office and the other to permit Zieminski to work at home. The employee had signed the company’s “electronic and telephone equipment policy,” which, among other things, notified Zieminski that the company-provided computers could…