We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
exhaustion of administrative remedies
Court Properly Dismissed Lawsuit Of Employee Who Failed To Exhaust Administrative Remedies
Kuigoua v. Department of Veteran Affairs, 101 Cal. App. 5th 499 (2024)
Arno Kuigoua, who worked as a registered nurse for the Department of Veteran Affairs, alleged in the complaint he filed with the EEOC and the California Department of Fair Employment and Housing (the “DFEH”) that he was discriminated against on the basis of his sex (male). He also alleged retaliation for reporting the…
Terminated Actress Was Not Required To Exhaust Administrative Remedies Before Suing For Retaliation
Sheridan v. Touchstone Television Prods., LLC, 2015 WL 6153287 (Cal. Ct. App. 2015)
Nicollette Sheridan sued Touchstone after her contract on Desperate Housewives was not renewed, alleging that her termination was in retaliation for her complaint about a battery allegedly committed by show creator Marc Cherry. The trial court sustained Touchstone’s demurrer to the complaint on the ground that Sheridan had failed to exhaust her…
Housekeeper’s Award Of $70,000 For Unpaid Wages Is Affirmed
Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007)
Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award of $70,238.54 (including interest and penalties) from the Commissioner…
UC Employee Failed To Exhaust Internal University Grievance Procedures
Palmer v. Regents of the Univ. of Cal., 107 Cal. App. 4th 899 (2003)
Patricia Palmer, who worked as a clinical laboratory technologist at the UCLA Medical Center, sued the UC Regents for wrongful termination in violation of public policy following the restructuring of the department in which she had worked and the termination of her employment after 21 years. Palmer alleged that she…
No Common Law Cause Of Action For Sexual Harassment
Medix Ambulance Serv., Inc. v. Superior Court, 97 Cal. App. 4th 109 (2002)
Plaintiff alleged a claim for sexual harassment arising under the California Fair Employment and Housing Act (FEHA) as well as a common law cause of action for sexual harassment in violation of public policy. The trial court overruled the employer’s demurrer without holding a hearing. The Court of Appeal held that…