We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading
Bishop v. The Bishop’s School, 86 Cal. App. 5th 893 (2022) Chad Bishop was a teacher at The Bishop’s School for 16 years. In March 2019, Bishop entered into a contract as an English teacher for the 2019-20 academic year. In September 2019, Bishop and Kendall Forte, a 19-year-old former student of the School who … Continue Reading
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
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
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
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
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
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
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
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
Price v. Operating Eng’rs Local Union No. 3, 195 Cal. App. 4th 962 (2011) During the course of a strike, members of the union placed copies of a flyer on the doors and cars of the neighbors of the employer’s vice president and general manager Jim Price that said: “Neighbors, beware of this man: Jim … Continue Reading
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
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
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
Dible v. Haight Ashbury Free Clinics, Inc., 170 Cal. App. 4th 843 (2009) Leah Dible, who was employed by the Haight Ashbury Free Clinics as a psychiatric counselor, was terminated after a jail inmate as to whom she had some level of responsibility committed suicide. Dible alleged that when she was terminated, she was told … Continue Reading
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
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
Christian Research Inst. v. Alnor, 2007 WL 602954 (Cal. Ct. App. Feb. 28, 2007) William Alnor, a former employee of the Christian Research Institute (CRI), maintains a website that reports on the fundraising and spending practices of various Christian organizations. Suspicious of CRI’s claims that it had lost a substantial amount of money as a … Continue Reading
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
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
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
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
Soukup v. Stock, 118 Cal. App. 4th 1490, 15 Cal. Rptr. 3d 303 (2004) 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
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