California Employment Law Update

Tag Archives: criminal convictions

Employees May Have Committed A Crime By Violating Employer’s Computer Use Policy

U.S. v. Nosal, 642 F.3d 781 (2011) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system … Continue Reading

Starbucks Applicants With No Prior Marijuana Convictions Could Not Pursue Lawsuit For Labor Code Violations

Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008) Plaintiffs filed a class action lawsuit on behalf of themselves and approximately 135,000 other Starbucks applicants who had sought jobs at some 1,500 Starbucks locations throughout California. Plaintiffs contended that the Starbucks application violated California Labor Code §§ 432.7 and 432.8, prohibiting employers from … Continue Reading

Employee Who Was Convicted For Taking Bribes Could Be Kept Away From Employers’ Money

United States v. Betts, 511 F.3d 872 (9th Cir. 2007) Marcus Brandon Betts, who worked for TransUnion (one of the three major credit reporting agencies), took bribes to conspire with his co-defendants to falsely improve credit scores. According to the Ninth Circuit, “it was a kind of private sector ticket-fixing scheme.” Betts falsified 654 credit histories, … Continue Reading

Criminal Conviction Of Former Employee Who Threatened Company Officials Is Upheld

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

Negligence Suit Against Employment Agency Was Not Time-Barred

E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal. App. 4th 1308 (2007) E-Fab designs and manufactures precision components and tools. When in 1996 E-Fab needed a temporary accountant, it contacted defendant Accountants, Inc. Services. Accountants represented to E-Fab that it had screened Vickie Hunt and had confirmed and verified her qualifications, credentials and accomplishments. From 1996 to … Continue Reading

Employer Did Not Violate Consumer Reporting Agencies Act

Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005) Gene Moran was hired as a paralegal by the Murtaugh, Miller law firm. Shortly thereafter, one of the firm’s associates conducted a computerized legal database search and discovered that Moran had several felony convictions in his past, including grand theft and second-degree … Continue Reading

Employee’s Conviction For Grand Theft Of A Trade Secret Is Reversed

People v. Laiwala, 115 Cal. App. 4th 850, 9 Cal. Rptr. 3d 466 (2004) Sadrudin Laiwala, a former engineer of Odeum Microsystems, a division of Hyundai Electronics America, allegedly copied and took with him a “DVD copy protection system” immediately prior to his departure from the company. Laiwala was criminally prosecuted for violation of California … Continue Reading

Summary Judgment Affirmed In Favor Of Employer That Made Erroneous Statements About Former Employee

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 … Continue Reading
LexBlog