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

Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)

Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees.  The Court of Appeal reversed the WVRO after concluding that Rafat’s conduct was “indisputably rude,

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

United States v. Sutcliffe, 505 F.3d 944 (9th Cir. 2007)

Sutcliffe, a computer technician, was convicted of three counts of making interstate threats (via the Internet) to injure another and five counts of transferring social security numbers with the intent to aid and abet unlawful activity. Global Crossing terminated Sutcliffe’s employment shortly after he was hired because he had failed to provide his social

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

Rivera v. National R.R. Passenger Corp., 331 F.3d 1074 (9th Cir. 2003)

After John Rivera, who worked for Amtrak as a night watchman, threatened to “blow people away” in Amtrak’s San Jose office, the local police went to his home and found drugs, drug paraphernalia and an unregistered assault rifle with ammunition. Rivera was terminated shortly thereafter for falsification of a timecard, violation of