Wrongful Termination

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Noel v. River Hills Wilsons, Inc., 113 Cal. App. 4th 1363 (2003)

Brandon J. Noel sued his former employer, River Hills Wilsons, Inc. (Wilsons), and a Wilsons manager, Shelly Santillan, for defamation arising from Santillan’s erroneous statements to a background investigator (Choice- Point) retained by Noel’s new employer (GTE) that Noel left Wilsons because of “loss prevention issues” and that his “rehire status” was…

Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003)

Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had been performed negligently and had no validity, Delta rehired Ishikawa and paid her her lost income. Ishikawa also sued LabOne, the urine-testing laboratory, for negligence, and the jury awarded her $68,000 in economic and…

Banaitis v. CIR, 340 F.3d 1074 (9th Cir. 2003)

In his tort claims against his former employer (Bank of California) and its successor (Mitsubishi Bank), Sigitas Banaitis alleged wrongful discharge and interference with his employment agreement. After losing at trial in Oregon state court (where Banaitis obtained a $6.27 million verdict in his favor) and failing in their appeals, Mitsubishi Bank and the Bank…

Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769 (9th Cir. 2003)

The State Farm agents in this case alleged that the company had terminated them in breach of their independent contractor agreements. The district court granted summary judgment in favor of State Farm, and the Ninth Circuit affirmed, holding that the termination provision did not require good cause and, in fact,…

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 court issued a three-year injunction in the name of…

Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003)

Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical Workers (IBEW). Smith alleged that his employment was terminated in violation of the public policy against age and disability discrimination and in violation of the California Fair Employment and Housing Act. The Court…

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 shortly thereafter for falsification of a timecard, violation of…

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 had violated public policy by terminating him for exercising…

Palmer v. Regents of the Univ. of Cal., 107 Cal. App. 4th 899 (2003)

Patricia Palmer, who worked as a clinical laboratory technologist at the UCLA Medical Center, sued the UC Regents for wrongful termination in violation of public policy following the restructuring of the department in which she had worked and the termination of her employment after 21 years. Palmer alleged that she…

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 they would make a mistake that would endanger their…