California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023) Under the Workers’ Compensation Act, if a worker is injured because of the employer’s serious and willful misconduct, the “compensation” the worker is entitled to receive increases by one half. The statute defining “compensation” limits the term to benefits or … Continue Reading
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading
CSV Hospitality Mgmt. LLC v. Lucas, 84 Cal. App. 5th 117 (2022) CSV Hospitality Management LLC obtained a restraining order under the Workplace Violence Safety Act against Jermorio Lucas who was living at the Aranda Residence, a residential hotel that provides supportive housing to formerly homeless individuals. In support of its petition against Lucas, CSV … Continue Reading
We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees. The Court of Appeal reversed the … Continue Reading
California law requires employers to furnish a “safe and healthful” workplace to employees. Now that the line between “workplace” and “home” has been blurred for so many workers in the wake of the COVID-19 pandemic, the law has been unclear as to whether that obligation extends to an employee whose “workplace” happens to be their … Continue Reading
Huerta v. Kava Holdings, Inc., 29 Cal. App. 5th 74 (2018) Felix Huerta sued Kava Holdings dba Hotel Bel-Air after the hotel terminated him and another restaurant server who was involved in an altercation during work. The trial court granted Kava’s motion for nonsuit as to Huerta’s claim for retaliation under the Fair Employment and … Continue Reading
M.F. v. Pacific Pearl Hotel Mgmt. LLC, 2017 WL 4831603 (Cal. Ct. App. 2017) M.F., a housekeeping employee who worked for a hotel, alleged she had been raped while working on the employer’s premises by a drunk, nonemployee trespasser whom the employer knew or should have known was on the premises and who had “aggressively … 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
California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must now also include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on a protected characteristic nor … Continue Reading
Gregory v. Cott, 2014 WL 3805478 (Cal. S. Ct. 2014) Carolyn Gregory was injured while providing in-home care for Lorraine Cott, an Alzheimer’s disease patient. Gregory received workers’ compensation benefits but sued the Cotts for negligence and premises liability and asserted a claim against Lorraine for battery. The trial court granted a defense motion for … Continue Reading
Ventura v. ABM Indus., Inc., 2012 WL 6636255 (Cal. Ct. App. 2012) Sylvia Ventura worked as a janitor for ABM. Ventura alleged a history of harassment and an act of violence by her supervisor, Carlos Manzano, and ratification by ABM. The jury awarded Ventura $100,000 in compensatory damages for past mental suffering. The trial court … Continue Reading
Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) Touchstone had an agreement with actress Nicollette Sheridan that gave it the exclusive option to renew Sheridan’s contract on an annual basis for an additional six seasons (after the first season) of the television show “Desperate Housewives.” Sheridan sued Touchstone for wrongful termination … Continue Reading
Kaiser Found. Hospitals v. Wilson, 201 Cal. App. 4th 550 (2011) The trial court considered hearsay evidence in issuing injunctions under Cal. Code Civ. Proc. § 527.8, prohibiting Jeff Wilson (the husband of a terminated Kaiser employee) from committing acts of violence or making threats of violence against two Kaiser employees. The trial court considered … Continue Reading
Flores v. Autozone West, Inc., 161 Cal. App. 4th 373 (2008) Juan Rodriguez Flores was injured by Erwin Gomez, an Autozone employee, when Gomez struck Flores on the head with a steel pipe. Flores sued Autozone for assault and battery based on a respondeat superior theory and for negligent hiring and related torts. The trial … Continue Reading
United States v. Sutcliffe, 505 F.3d 944 (9th Cir. 2007) Sutcliffe, a computer technician, was convicted of three counts of making interstate threats (via the Internet) to injure another and five counts of transferring social security numbers with the intent to aid and abet unlawful activity. Global Crossing terminated Sutcliffe’s employment shortly after he was hired … Continue Reading
Plancarte v. Guardsmark, LLC, 118 Cal. App. 4th 640 (2004) Eveilia Plancarte alleged that Toufik Kadah, a Guardsmark security guard, was responsible for assault, battery, false imprisonment and intentional infliction of emotional distress, all of which allegedly occurred while she was working as a janitor in a building in which Kadah was working as a … Continue Reading
Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003) San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with … Continue Reading
USS-Posco Indus. v. Edwards, 111 Cal. App. 4th 436 (2003) Ezell Edwards was terminated from his employment as a mill worker at USS-Posco Industries’ (UPI’s) tin mill after he made generalized threats of violence against UPI, including a statement that “they’re going to have to change the company’s name from USS-Posco to USSColumbine.” The trial … Continue Reading
Rivera v. National R.R. Passenger Corp., 331 F.3d 1074 (9th Cir. 2003) After John Rivera, who worked for Amtrak as a night watchman, threatened to “blow people away” in Amtrak’s San Jose office, the local police went to his home and found drugs, drug paraphernalia and an unregistered assault rifle with ammunition. Rivera was terminated … Continue Reading
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
This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.
