California Employment Law Update

Tag Archives: age discrimination

Waiver Of Age Claims That Was Not “Knowing And Voluntary” Was Unenforceable

Syverson v. IBM, 2006 WL 2506421 (9th Cir. 2006) The former IBM employees in this class action challenged their purported waiver of claims arising under the federal Age Discrimination in Employment Act (ADEA) on the ground that the waiver, which was part of a severance agreement, was not “knowing and voluntary” within the meaning of … Continue Reading

Union Employee’s Discrimination, Public Policy Claims Were Not Preempted By Federal Labor Law

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 … Continue Reading

Employer Was Properly Enjoined Under The Unfair Competition Law

Herr v. Nestlé U.S.A., Inc., 109 Cal. App. 4th 779 (2003) Richard Herr alleged age discrimination in violation of the California Fair Employment and Housing Act (FEHA) against his former employer, Nestlé, and obtained a jury verdict in the amount of $5,163,600. Herr also successfully asserted a claim under the Unfair Competition Law (UCL) in … Continue Reading

Supervisor May Be Sued For Retaliation In Response To Complaints About Discrimination

Walrath v. Sprinkel, 99 Cal. App. 4th 1237 (2002) Richard Walrath sued his former employer, Hatcher Press, Inc., for wrongful demotion and discrimination, among other things, and joined his former supervisor in a claim for retaliation in violation of public policy. In his lawsuit, Walrath alleged that he had been retaliated against for complaining about … Continue Reading

Employee Who Failed To Mitigate His Damages Is Not Entitled To Judgment In His Favor

West v. Bechtel Corp., 96 Cal. App. 4th 966 (2002) Plaintiff, a former engineer who worked for Bechtel Corp. for more than 30 years, sued the company for age discrimination and breach of contract. At trial, plaintiff received a jury verdict of $101,852.27 for lost salary and emotional distress damages. The Court of Appeal reversed … Continue Reading