We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading
Briley v. City of W. Covina, 66 Cal. App. 5th 119 (2021) Jason Briley worked for the City of West Covina as a deputy fire marshal. During his employment, Briley complained that various city officials, including his former supervisor, had ignored his reports of safety issues and engaged in misconduct. The city investigated Briley’s complaints … Continue Reading
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) Todd Hawkins and Hyung Kim were terminated from their jobs as hearing examiners at the Los Angeles Department of Transportation. Hawkins and Kim alleged they had been fired for whistleblowing on the City’s practice of pressuring parking ticket hearing examiners to change decisions … Continue Reading
Taswell v. The Regents of the Univ. of Cal., 23 Cal. App. 5th 343 (2018) Carl Taswell, M.D., alleged he was retaliated against for his whistleblowing activities regarding patient safety at the brain imaging center during his employment with the University of California, Irvine. Prior to commencing his civil action, Taswell filed an internal complaint … Continue Reading
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018) Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did … Continue Reading
Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017) Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California’s Whistleblower Protection Act (“CWPA”) against the University, her former employer. Dr. Levi alleged that her supervisor (Dr. Robert Weinreb) had a conflict of interest related to his wife’s position in the department … Continue Reading
Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017) Paul Somers, who was formerly employed as a vice president of Digital Realty, alleged that he was fired after he made several reports to senior management regarding possible securities law violations. Somers did not report his concerns to the SEC. Somers sued Digital … Continue Reading
United States ex rel. Mateski v. Raytheon, 816 F.3d 565 (9th Cir. 2016) Steven Mateski worked as an engineer at Raytheon. Mateski filed a complaint in federal court alleging that Raytheon had violated the False Claims Act (“FCA”) by failing to comply with numerous contractual requirements in developing a project for the government, fraudulently covering … Continue Reading
Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) David W. Sanders, a maintenance manager for Energy Northwest (a nuclear power plant), claimed his employment was terminated in retaliation for his objection to the severity level designation of an internal “condition report” that was generated by other employees at the plant. Sanders filed a … Continue Reading
Cardenas v. M. Fanaian, D.D.S., Inc., 240 Cal. App. 4th 1167 (2015) Rosa Lee Cardenas was terminated from her employment as a dental hygienist after she made a report to the police department that a coworker may have stolen her wedding ring at her workplace. Cardenas sued her employer (Dr. Fanaian) on the grounds that … Continue Reading
This law prohibits employers from retaliating against an employee who is a family member of an employee who has or is perceived to have engaged in protected conduct or made a protected complaint (such as whistleblowing). Additionally, the law excludes certain entities, such as certain household goods carriers, from the imposition of joint liability on … Continue Reading
On October 23, 2015, the U.S. District Court for the Northern District of California largely denied a motion to dismiss a whistleblower retaliation claim brought by a company’s former general counsel, ruling that: (i) the Sarbanes-Oxley Act (“SOX”) and Dodd-Frank anti-retaliation provisions provide for individual liability against board members; and (ii) the Dodd-Frank anti-retaliation provision … Continue Reading
United States ex rel. Hartpence v. Kinetic Concepts, Inc., 792 F.3d 1121 (9th Cir. 2015) (en banc) Steven Hartpence and Geraldine Godecke (“Relators”) alleged in these consolidated qui tam cases that their former employer (Kinetic) had fraudulently claimed reimbursements from Medicare. After the allegations of Medicare fraud were publicly disclosed, Relators each informed the government … Continue Reading
Dep’t of Homeland Sec. v. MacLean, 574 U.S. ___, 135 S. Ct. 913 (2015) Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a confidential advisory about a potential hijacking … Continue Reading
Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public policy that resulted from the director’s mistaken belief that Diego had lodged a complaint with the California Department of Social Services, which … Continue Reading
Ferrick v. Santa Clara Univ., 231 Cal. App. 4th 1337 (2014) Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery as part of a “kickback scheme.” The trial court sustained the … Continue Reading
Yau v. Santa Margarita Ford, Inc., 2014 WL 4198060 (Cal. Ct. App. 2014) Eddie Yau, a service manager for Santa Margarita Ford, alleged he was terminated after complaining to his general manager and the owner of the Ford dealership that fraudulent warranty repair claims were being submitted to Ford. Yau alleged that his termination implicated … Continue Reading
Lawson v. FMR LLC, 571 U.S. ___, 134 S. Ct. 1158 (2014) Plaintiffs in this case are former employees of private companies that contract to advise or manage mutual funds (collectively, “FMR”). Both plaintiffs allege that they “blew the whistle” on putative fraud relating to the mutual funds and as a result suffered retaliation from … Continue Reading
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading
On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading
On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014. Before it was amended, Section … Continue Reading
McVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials. McVeigh asserted claims under the California False Claims Act and … Continue Reading
Mize-Kurzman v. Marin Cmty. Coll. Dist., 202 Cal. App. 4th 832 (2012) Pamela Mize-Kurzman, who had been promoted to Dean of Enrollment Services as part of a settlement of a previous lawsuit against the district, claimed the district retaliated against her for disclosing what she believed to be violations of the law or regulations to … Continue Reading
Ventress v. Japan Airlines, 603 F.3d 676 (2010) Martin Ventress, a flight engineer for Japan Airlines (“JAL”), alleged his employment was terminated in violation of the California whistleblower statute (Labor Code § 1102.5(b)) for allegedly reporting safety violations six months after they occurred. JAL moved for judgment on the pleadings, asserting complete federal preemption by … Continue Reading
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