We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed Employer That … Continue Reading
Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more detailed report questioning the accuracy of a blog post that Rall wrote for the Times. Rall then sued … Continue Reading
The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought claims for defamation, wrongful termination, intentional infliction of emotion distress, and retaliation, among others, stemming from the Times’ decision to disassociate itself with Rall … Continue Reading
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from his job as a field sales leader after he admitted to Allstate that he was arrested for domestic violence … Continue Reading
California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers. The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan … Continue Reading
ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) ZL Technologies brought suit, alleging libel per se and online impersonation, against seven anonymous individuals who represented themselves as current or former ZL employees and who posted critical reviews of ZL’s management and work environment on Glassdoor (a website where workers can post … Continue Reading
Charney v. Standard General, LP, 10 Cal. App. 5th 149 (2017) Dov Charney, the former president and CEO of American Apparel, Inc., was terminated following an investigation into allegations that he had engaged in various types of misconduct. Following Charney’s departure, Standard General effectively took over American Apparel through its control of company stock and … Continue Reading
ViaView, Inc. v. Retzlaff, 2016 WL 3626708 (Cal. Ct. App. 2016) ViaView filed a petition for a workplace violence restraining order against Thomas Retzlaff, a resident of Texas, who had filed a motion to quash the petition for lack of personal jurisdiction. The trial court denied the motion to quash and granted a permanent injunction … Continue Reading
Stenehjem v. Sareen, 2014 WL 2646729 (Cal. Ct. App. 2014) Jerome Stenehjem sued his former employer and its president and CEO, Surya Sareen, for defamation, among other things. In response, Sareen filed a cross-complaint for civil extortion, alleging, among other things, that while representing himself, Stenehjem made a written threat by email to file a … Continue Reading
McGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human resources made to another employee about why McGrory had been terminated. … Continue Reading
Aber v. Comstock, 212 Cal. App. 4th 931 (2013) Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint, … Continue Reading
Aber v. Comstock, 2012 WL 6863235 (Cal. Ct. App. Dec. 18, 2012) Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims for defamation and intentional infliction of emotional distress. Comstock alleged … Continue Reading
Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011) Marcela Fuentes worked as a part-time customer service representative (cashier) for AutoZone. Fuentes alleged that two managers (Melvin Garcia and Gonzalo Carrillo) had spread rumors that Fuentes had sexually transmitted herpes; that she and a coworker were engaged in a sexual relationship; and that she … Continue Reading
Price v. Operating Eng’rs Local Union No. 3, 195 Cal. App. 4th 962 (2011) During the course of a strike, members of the union placed copies of a flyer on the doors and cars of the neighbors of the employer’s vice president and general manager Jim Price that said: “Neighbors, beware of this man: Jim … Continue Reading
Toyota v. Superior Court, 189 Cal. App. 4th 1391 (2010) Steven Braun sued Toyota Motor Sales and his supervisor Randall Bauer for gender discrimination, sexual harassment, defamation, constructive discharge and intentional and negligent infliction of emotional distress. Toyota and Bauer filed a motion to compel Braun to submit to an independent psychiatric examination, which the … Continue Reading
Overhill Farms, Inc. v. Lopez, 190 Cal. App. 4th 1248 (2010) After the IRS notified Overhill Farms that 231 of its then-current employees had provided invalid social security numbers, Overhill contacted the employees identified by the IRS, advised them that their social security numbers were invalid according to the IRS, and provided them with the … Continue Reading
The Nethercutt Collection v. Regalia, 172 Cal. App. 4th 361 (2009) Michael Regalia sued The Nethercutt Collection for wrongful termination and slander after he was terminated as its president. The jury rejected the wrongful termination claim, but awarded Regalia $750,000 in damages for “assumed harm” to his reputation arising from two statements attributable to the … Continue Reading
Dible v. Haight Ashbury Free Clinics, Inc., 170 Cal. App. 4th 843 (2009) Leah Dible, who was employed by the Haight Ashbury Free Clinics as a psychiatric counselor, was terminated after a jail inmate as to whom she had some level of responsibility committed suicide. Dible alleged that when she was terminated, she was told … Continue Reading
Gunn v. Mariners Church, Inc., 167 Cal. App. 4th 206 (2008) Robert Gunn sued the church for defamation, invasion of privacy and intentional infliction of emotional distress after the senior pastor announced to the congregation that the church had terminated Gunn from his pastoral position because he had admitted to (homosexual) acts, which the church … Continue Reading
Mamou v. Trendwest Resorts, Inc., 165 Cal. App. 4th 686 (2008) Tamer Mamou was employed as a project director for Trendwest (a company that sells timeshares at various resort locations) when he was terminated after approximately 12 years of employment. Trendwest terminated Mamou after it became aware that he had filed documents with the California … Continue Reading
SDV/ACCI, Inc. v. AT&T Corp., 522 F.3d 955 (9th Cir. 2008) SDV/ACCI (a consulting and staffing service company) and its principals sued AT&T after one of AT&T’s employees sent several e-mails in and outside the company stating that SDV/ACCI would no longer be providing services to AT&T because SDV/ACCI was having “financial difficulties.” The district … Continue Reading
Nygård, Inc. v. Uusi-Kerttula, 159 Cal. App. 4th 1027 (2008) After quitting his employment with Nygård, Timo Uusi-Kerttula gave an interview about his work experiences to a Finnish magazine. Nygård then sued Timo and the magazine for a variety of claims, including breach of contract and defamation. The trial court granted defendants’ motion to strike … Continue Reading
Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading
McGarry v. University of San Diego, 154 Cal. App. 4th 97 (2007) Following the termination of Kevin McGarry’s employment as head coach of USD’s football team, two university officials allegedly commented to the San Diego Union Tribune newspaper about the reasons for the termination. In response to these statements, McGarry sued the university and the … Continue Reading
