California Employment Law Update

Category Archives: Workplace Safety

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Off-Duty Employee Injured On Employer’s Water Slide Was Entitled To $4.4 Million Judgment

Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004) James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the … Continue Reading

Labor Arbitrator’s Finding Of Just Cause For Dismissal Was Not Binding In Employee’s Civil Action

Taylor v. Lockheed Martin Corp., 113 Cal. App. 4th 380 (2003) Walter Taylor filed suit against Lockheed Martin Corporation alleging, among other things, wrongful termination in violation of Labor Code §§ 1102.5 and 6310 (prohibiting retaliation against an employee who has complained about unsafe working conditions in the workplace). Taylor, a member of the International … Continue Reading

Employer Did Not Violate Public Policy In Favor Of Self-Defense By Terminating Employee For Fighting

Escalante v. Wilson’s Art Studio, Inc., 109 Cal. App. 4th 692 (2003) Wilson’s Art Studio terminated Hector Escalante’s employment as a printer after he was physically attacked by another employee, but failed to leave the scene, deciding instead to go back to fight. In his wrongful termination lawsuit, Escalante, an at-will employee, alleged that Wilson’s … Continue Reading

Wrongfully Terminated Employee Was Entitled To $1.15 Million Punitive Damages Award

Freund v. Nycomed Amersham, 326 F.3d 1070 (9th Cir. 2003) Jeffrey R. Freund worked as a pharmacist in Nycomed’s nuclear pharmacy in San Diego. After a few years of employment, Freund’s relationship with his supervisor, Mike Wakefield, “soured.” Freund lodged complaints about staffing, expressing his concern that overwork of staff members increased the probability that … Continue Reading

Property Owner Not Liable For Injuries To Employee Of Subcontractor

Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002) C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. … Continue Reading
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