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
Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from his job as a field sales leader after he admitted to Allstate that he was arrested for domestic violence … Continue Reading
California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers. The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan … Continue Reading
McGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human resources made to another employee about why McGrory had been terminated. … 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 January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading
Fuentes v. AutoZone, Inc., 200 Cal. App. 4th 1221 (2011) Marcela Fuentes worked as a part-time customer service representative (cashier) for AutoZone. Fuentes alleged that two managers (Melvin Garcia and Gonzalo Carrillo) had spread rumors that Fuentes had sexually transmitted herpes; that she and a coworker were engaged in a sexual relationship; and that she … 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
Toyota v. Superior Court, 189 Cal. App. 4th 1391 (2010) Steven Braun sued Toyota Motor Sales and his supervisor Randall Bauer for gender discrimination, sexual harassment, defamation, constructive discharge and intentional and negligent infliction of emotional distress. Toyota and Bauer filed a motion to compel Braun to submit to an independent psychiatric examination, which the … Continue Reading
The Nethercutt Collection v. Regalia, 172 Cal. App. 4th 361 (2009) Michael Regalia sued The Nethercutt Collection for wrongful termination and slander after he was terminated as its president. The jury rejected the wrongful termination claim, but awarded Regalia $750,000 in damages for “assumed harm” to his reputation arising from two statements attributable to the … 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
Gunn v. Mariners Church, Inc., 167 Cal. App. 4th 206 (2008) Robert Gunn sued the church for defamation, invasion of privacy and intentional infliction of emotional distress after the senior pastor announced to the congregation that the church had terminated Gunn from his pastoral position because he had admitted to (homosexual) acts, which the church … Continue Reading
Mamou v. Trendwest Resorts, Inc., 165 Cal. App. 4th 686 (2008) Tamer Mamou was employed as a project director for Trendwest (a company that sells timeshares at various resort locations) when he was terminated after approximately 12 years of employment. Trendwest terminated Mamou after it became aware that he had filed documents with the California … Continue Reading
SDV/ACCI, Inc. v. AT&T Corp., 522 F.3d 955 (9th Cir. 2008) SDV/ACCI (a consulting and staffing service company) and its principals sued AT&T after one of AT&T’s employees sent several e-mails in and outside the company stating that SDV/ACCI would no longer be providing services to AT&T because SDV/ACCI was having “financial difficulties.” The district … 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
Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading
Raghavan v. Boeing Co., 133 Cal. App. 4th 1120 (2005) Krishnan Raghavan sued Boeing for defamation, among other things, based upon a written reprimand that Raghavan received in which he was accused of (1) failing to disclose all relevant information concerning a business trip he had made to Russia in April 2001 and (2) providing … Continue Reading
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