California Employment Law Update

Tag Archives: remedies

Settlement Of Workers’ Compensation Claim Did Not Bar Civil Lawsuit For Harassment And Discrimination

Mitchell v. Union Central Life Ins. Co., 118 Cal. App. 4th 1331 (2004) Dorothy Wimberly Mitchell worked for The Union Central Life Insurance Company for 27 years before she allegedly became physically ill as a result of harassment and discrimination that she suffered at work. In December 1999, Mitchell filed a civil lawsuit for, among … Continue Reading

Employer Was Liable For Discriminating Against Employee Who Filed Workers’ Compensation Claim

Crown Appliance v. WCAB, 115 Cal. App. 4th 620 (2004) Crown Appliance petitioned the Court of Appeal for a writ of review, following a determination by the Workers’ Compensation Appeals Board (WCAB) that Crown had discriminated against its employee, Morton Wong, for filing a workers’ compensation claim. Wong sustained an industrial injury to his left … Continue Reading

Employer Subjected To Threats Of Workplace Violence Was Entitled To Injunction

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 … Continue Reading

Employer Was Properly Enjoined Under The Unfair Competition Law

Herr v. Nestlé U.S.A., Inc., 109 Cal. App. 4th 779 (2003) Richard Herr alleged age discrimination in violation of the California Fair Employment and Housing Act (FEHA) against his former employer, Nestlé, and obtained a jury verdict in the amount of $5,163,600. Herr also successfully asserted a claim under the Unfair Competition Law (UCL) in … Continue Reading

Employee’s Tort Claim Involving Undiagnosed Tumor Was Barred By Workers’ Compensation Act

Weber v. United Parcel Serv., 107 Cal. App. 4th 801 (2003) Gary Weber, who was employed as an aircraft mechanic for UPS, underwent periodic hearing tests in accordance with the company’s internal safety policies and the requirements of the California Code of Regulations. Eventually, the tests revealed that Weber was losing his hearing in his … Continue Reading

Disgorgement Of Profits Is Not An Appropriate Remedy In Individual Unfair Competition Claim

Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. 4th 1134 (2003) Korea Supply Company (KSC) sued Lockheed Martin for violation of California‘s Unfair Competition Law (UCL) and for interference with prospective economic relations after Lockheed Martin’s predecessor, Loral Corporation, was awarded a contract to provide military equipment to the Republic of Korea. KSC alleged … Continue Reading

Individual May Pursue A Class Action For Violations Of Unfair Competition Law

Corbett v. Superior Court, 101 Cal. App. 4th 649 (2002) The plaintiff in this non-employment case filed a class action seeking an injunction against a bank and a car dealership, alleging violations of the Consumers Legal Remedies Act, the Unfair Competition Law (UCL), fraud and intentional interference with prospective economic advantage. This action arose from … Continue Reading

Workers’ Compensation Release Barred Sexual Harassment Claim

Jefferson v. California Dep’t of Youth Authority, 28 Cal. 4th 299 (2002) Mary Jefferson worked as a part-time teacher’s assistant at a high school. After the teacher and his students allegedly subjected Jefferson to sexually offensive conduct, she filed a workers’ compensation claim in which she sought benefits for “psychological factors affecting physical condition.” Jefferson … Continue Reading
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