We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Canfeng Lai worked for many years at Applied Materials before submitting his resignation to begin a new job at Mattson Technology (one of Applied’s competitors). First, however, Lai allegedly emailed himself a number of files containing Applied’s trade secrets. In response, Applied sued both Lai and Mattson for violating the
Kaiser Found. Hospitals v. Wilson, 201 Cal. App. 4th 550 (2011)
The trial court considered hearsay evidence in issuing injunctions under Cal. Code Civ. Proc. § 527.8, prohibiting Jeff Wilson (the husband of a terminated Kaiser employee) from committing acts of violence or making threats of violence against two Kaiser employees. The trial court considered hearsay evidence that Wilson had threatened to “put [the
NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011)
NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock from competing for five years after the termination of
Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011)
The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court. The three lead plaintiffs claimed they were discriminated against on the basis of their gender and that Wal-Mart’s policy of providing deference to local managers’ subjective
ReadyLink Healthcare v. Cotton, 126 Cal. App. 4th 1006 (2005)
ReadyLink obtained an injunction against Jerome Cotton, a former employee, prohibiting Cotton from soliciting ReadyLink employees and customers and from using or disclosing ReadyLink’s trade secrets and confidential information. ReadyLink fired Cotton for stealing ReadyLink records containing proprietary and confidential information. During a search of his residence and storage locker (to which Cotton consented),
Krell v. Gray, 126 Cal. App. 4th 1208 (2005)
Robert Krell, the assistant principal at Pacoima Middle School, issued a reprimand to Fleming Gray, a substitute teacher at the school, after Gray refused to permit one of his students to use the restroom during class. Gray filed a grievance with the LAUSD, and the matter was settled by removing the reprimand from Gray’s file
USS-Posco Indus. v. Edwards, 111 Cal. App. 4th 436 (2003)
Ezell Edwards was terminated from his employment as a mill worker at USS-Posco Industries’ (UPI’s) tin mill after he made generalized threats of violence against UPI, including a statement that “they’re going to have to change the company’s name from USS-Posco to USSColumbine.” The trial court issued a three-year injunction in the name of
Dodge, Warren & Peters Ins. Serv., Inc. v. Riley, 105 Cal. App. 4th 1414 (2003)
James W. Riley and several of his co-workers were terminated from Dodge, an insurance brokerage firm, after Dodge learned of their intention to obtain copies of documents maintained in Dodge’s files and computer storage media before opening their own competing insurance brokerage. Dodge filed a complaint against Riley, et
Schlage Lock Co. v. Whyte, 101 Cal. App. 4th 1443 (2002)
J. Douglas Whyte was employed as a vice-president of Schlage where he was responsible for sales to The Home Depot (which alone accounts for 38 percent of Schlage’s sales) and other “big box” retailers such as HomeBase and Lowe’s. Whyte signed a confidentiality agreement to protect Schlage’s proprietary information and agreed to abide