California Employment Law Update

Tag Archives: anti-SLAPP

Urging Other Employees To Quit And Sue Employer Is Protected Conduct Under Anti-SLAPP Statute

Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018) Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel … Continue Reading

Employee’s Threat To File False Criminal Complaint Against Former Employer Was Extortion

Stenehjem v. Sareen, 2014 WL 2646729 (Cal. Ct. App. 2014) Jerome Stenehjem sued his former employer and its president and CEO, Surya Sareen, for defamation, among other things. In response, Sareen filed a cross-complaint for civil extortion, alleging, among other things, that while representing himself, Stenehjem made a written threat by email to file a … Continue Reading

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Aber v. Comstock, 212 Cal. App. 4th 931 (2013) Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint, … Continue Reading

Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

Aber v. Comstock, 2012 WL 6863235 (Cal. Ct. App. Dec. 18, 2012) Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her.  Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims for defamation and intentional infliction of emotional distress.  Comstock alleged … Continue Reading

Former CEO’s Qui Tam Action Was Improperly Dismissed Under Anti-SLAPP Statute

People ex rel. Strathmann v. Acacia Research Corp., 2012 WL 5233520 (Cal. Ct. App. 2012) Michael Strathmann filed a qui tam complaint against his former employer Acacia in which he alleged insurance fraud. In response, Acacia filed a special motion to strike the complaint pursuant to the anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16), … Continue Reading

September 2011 California Employment Law Notes

We invite you to review our newly posted September 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination Employer Did Not Violate CFRA by Transferring Employee upon Her … Continue Reading

Employer’s Anti-SLAPP Motion Was Properly Denied

Martin v. Inland Empire Utilities Agency, 198 Cal. App. 4th 611 (2011) Dean Martin, who worked as the executive manager of finance and administration of the municipal water district for the City of Chino, alleged retaliation, racial and age discrimination and harassment, defamation and constructive wrongful termination. In response, defendants filed a demurrer and an … Continue Reading

July 2011 California Employment Law Notes

We invite you to review our newly posted July 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified Arizona Law Requiring Use Of E-Verify Is Upheld U.S. Court Has Jurisdiction Over Argentinean Employees’ … Continue Reading

Employer Could Proceed With Defamation And Interference Claims Against Employees Who Protested Their Termination

Overhill Farms, Inc. v. Lopez, 190 Cal. App. 4th 1248 (2010) After the IRS notified Overhill Farms that 231 of its then-current employees had provided invalid social security numbers, Overhill contacted the employees identified by the IRS, advised them that their social security numbers were invalid according to the IRS, and provided them with the … Continue Reading

Employment Screening Business Had Right To Republish Megan’s Law Information

Mendoza v. ADP Screening & Selection Servs., Inc., 182 Cal. App. 4th 1644 (2010) William Mendoza sued ADP Screening and Selection Services, Inc. (“SASS”) for violations of Penal Code §§ 290.4 and 290.46, the Investigative Consumer Reporting Agencies Act and declaratory relief based upon SASS’s apparent disclosure to a prospective employer of information uncovered during … Continue Reading

Complaint Alleging Violation Of UTSA, Unfair Competition Was Not Subject To Dismissal Under Anti-SLAPP Law

World Fin. Group, Inc. v. HBW Ins. & Fin. Services, Inc., 172 Cal. App. 4th 1561 (2009) WFG filed a complaint against its direct competitor, HBW, and six of its agents for alleged breach of contract, misappropriation of trade secrets, conversion, unfair competition, interference with prospective economic advantage and unjust enrichment. In response, HBW filed … Continue Reading

Former Employer’s Claims Were Properly Dismissed Under Anti-SLAPP Statute

Nygård, Inc. v. Uusi-Kerttula, 159 Cal. App. 4th 1027 (2008) After quitting his employment with Nygård, Timo Uusi-Kerttula gave an interview about his work experiences to a Finnish magazine. Nygård then sued Timo and the magazine for a variety of claims, including breach of contract and defamation. The trial court granted defendants’ motion to strike … Continue Reading

Defamation Claims Of University’s Former Head Coach Were Properly Dismissed Under Anti-SLAPP Law

McGarry v. University of San Diego, 154 Cal. App. 4th 97 (2007) Following the termination of Kevin McGarry’s employment as head coach of USD’s football team, two university officials allegedly commented to the San Diego Union Tribune newspaper about the reasons for the termination. In response to these statements, McGarry sued the university and the … Continue Reading

Action Filed Against Former Employer’s Attorneys Was Not Subject To Dismissal Under Anti-SLAPP Statute

Soukup v. Law Offices of Herbert Hafif, 39 Cal. 4th 260 (2006) Peggy Soukup, a former employee of the Law Offices of Herbert Hafif, sued Ronald C. Stock for abuse of process and malicious prosecution based upon Stock’s prosecution of an earlier lawsuit against Soukup on behalf of the Hafifs and their law firm. The … Continue Reading

Employer’s Claims Against Former Employee Were Properly Dismissed

Greka Integrated, Inc. v. Lowrey, 133 Cal. App. 4th 1572 (2005) Greka Integrated sued its former safety manager, Gary Lowrey, for breach of a non-disclosure agreement and conversion associated with Lowrey’s taking emails and other documents that belonged to the company and for disclosing those documents to third parties, including Greka’s competitors. Lowrey contended that … Continue Reading

Employer’s Lawsuit Against Employee Who Filed Fraudulent Workers’ Comp Claim Was Properly Dismissed

Leegin Creative Leather Prods., Inc. v. Diaz, 131 Cal. App. 4th 1517 (2005) Leegin Creative Leather Products, Inc. filed a civil fraud complaint against one of its employees after it learned that the employee had filed a false workers’ compensation claim against the company. Leegin alleged that it had been damaged by the filing of … Continue Reading

Employer Was Permitted To Report To NASD Reasons For Terminating Broker-Dealer

Fontani v. Wells Fargo Investments, LLC, 129 Cal. App. 4th 719 (2005) Wells Fargo terminated Marco Fontani, one of its NASDregistered broker-dealers. Following Fontani’s termination, Wells Fargo filed a Form U-5 with the NASD, stating that Fontani had been terminated “for violation of company policies by misrepresenting information in the sale of annuities, not being … Continue Reading

Employer’s Anti-SLAPP Motion Against Employee Was Properly Denied

Du Charme v. IBEW, Local 45, 110 Cal. App. 4th 107 (2003) Frank Du Charme sued the International Brotherhood of Electrical Workers (IBEW), Local 45 and Cecil Wynn, the individual who was assigned to operate Local 45 after it was placed in trusteeship in conjunction with an investigation into its financial operations. Among other things, … Continue Reading
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