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Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023)

Suchin Lin received favorable performance evaluations as an IT Engineer at Kaiser before the decision was made to eliminate her position. Before Lin was informed of the elimination of her position, she fell in the workplace and suffered an injury to her shoulder, which resulted in her doctor placing her on modified…

Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023)

Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged hundreds of texts; joked with one another in those…

We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023)

Stephen Lemm, a route sales manager, brought a PAGA action against his employer, Ecolab, Inc., alleging that Ecolab improperly calculated nondiscretionary bonuses. Pursuant to Ecolab’s incentive plan, an employee could receive a higher monthly bonus based on performance as a percent of gross wages. For the purpose of calculating the bonus, gross wages…

Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023)

Joan Opara was terminated from her employment as an IRS revenue officer after the IRS determined she had committed several “UNAX offenses” (i.e., incidents of unauthorized access of taxpayer data). Following her termination, Opara sued the Treasury Secretary, alleging she was terminated in violation of the Age Discrimination in Employment Act and Title VII for,…

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022)

Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises.  Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell from a scaffold.  Miller sued the Lodge and its…

Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022)

In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant’s motion for summary judgment.  Just four minutes after the court granted defendant’s summary judgment motion, plaintiff’s counsel emailed a…

Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022)

La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position.  Although she received an offer for a full-time position, it was contingent upon her passing a physical exam, which she failed.  Price sued for disability…

Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022)

While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to his supervisor and the Army Reserve’s project leader Chief…