California Employment Law Update

Tag Archives: medical leave

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated

Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015) Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the injury, Richey applied for and was granted a medical leave … Continue Reading

Employer May Seek Its Own Evaluation Of Employee’s Fitness For Duty Following FMLA Leave

White v. County of Los Angeles, 2014 WL 1478701 (Cal. Ct. App. 2014) Susan White worked as a Senior District Attorney Investigator with the Los Angeles County District Attorney’s Office. Following the death of her brother-in-law, White began experiencing emotional difficulties on the job and was observed acting erratically in the workplace with “very high … Continue Reading

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department.  The plaintiff claimed discrimination, constructive discharge and wrongful termination on the basis of her race.  (The plaintiff was represented by Tom Girardi, who had previously represented Erin … Continue Reading

Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave

Rogers v. County of Los Angeles, 198 Cal. App. 4th 480 (2011) After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors. During her LOA, Rogers’ doctor told … Continue Reading

Employee Who Requested Medical Leave For Depression While Working For Another Employer May Have Been Improperly Terminated

Lonicki v. Sutter Health Central, 43 Cal. 4th 201 (2008) Antonina Lonicki, a certified technician of sterile processing, was fired when she failed to return to her job at Sutter, following a leave of absence. During the leave, Lonicki continued to perform the same job duties at Kaiser in the same geographic area. In her … Continue Reading

Employer Improperly Failed To Give Employee Notice Of His Right To Take Medical Leave

Faust v. California Portland Cement Co., 150 Cal. App. 4th 864 (2007) After Michael Faust notified his plant manager that various unnamed employees had engaged in internal theft and misconduct, the plant manager informed Faust’s supervisor of the allegations who in turn warned Faust’s co-workers to “watch their backs” around Faust. Faust, who received the … Continue Reading

Airline Was Not The Joint Employer Of Service Workers For Purposes Of FMLA/CFRA

Moreau v. Air France, 356 F.3d 942 (9th Cir. 2003) Stephane Moreau worked as the Assistant Station Manager for Air France at San Francisco International Airport (SFO). Moreau requested a 12-week leave of absence under the Family Medical Leave Act and the California Family Rights Act to assist his ill father in France. Air France … Continue Reading
LexBlog