Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S. Ct. 2343 (2009)
Jack Gross worked for FBL as a claims administration director until he was reassigned to the position of claims project coordinator. At the time of his reassignment, many of Gross’s job responsibilities were transferred to a newly created position (claims administration manager) that was filled by Lisa Kneeskern, one of
demotion
Employer Entitled To Recover Its Attorney’s Fees In Discrimination Case
By Tony Oncidi on
Villanueva v. City of Colton, 160 Cal. App. 4th 1188 (2008)
After Daniel Villanueva was demoted from Lead Operator to Operator II, he sued the city for discrimination based on race, national origin, ethnicity or skin color and for retaliation for his having complained about the alleged discrimination. The trial court granted summary judgment to the city after concluding Villanueva had made “unsupported charges…
Supervisor May Be Sued For Retaliation In Response To Complaints About Discrimination
By Tony Oncidi on
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 being passed over for a job by younger workers.…
Demoted Employee Was Not Entitled To Workers’ Compensation Benefits
By Tony Oncidi on
City of Oakland v. WCAB, 99 Cal. App. 4th 261 (2002)
David Gullet, a former employee of the Oakland Parks and Recreation Department, was demoted from his position as Parks Supervisor II to Parks Supervisor I due to budgetary pressures facing the city. In response to the demotion, Gullet filed a workers’ compensation claim and left his job after which time he received psychological…