California Employment Law Update

Tag Archives: threat

Criminal Conviction Of Former Employee Who Threatened Company Officials Is Upheld

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 … Continue Reading

Employee Who Was Threatened And Assaulted By Co-Worker Stated Wrongful Termination Claim

Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007) Calvin Franklin alleged that a co-worker had threatened to have him and three other employees killed, that Monadnock did nothing in response to the threats and that the co-worker thereafter assaulted him with a screwdriver. After Franklin reported the threats and the assault to … Continue Reading

Corporate Employer Was Immune From Liability For “Cyberthreats” Made By Its Employee

Delfino v. Agilent Technologies, Inc., 2006 WL 3635399 (Cal. Ct. App. Dec. 14, 2006) Michelangelo Delfino and Mary E. Day sued Agilent Technologies after a series of threatening e-mails and Yahoo! Message Board postings about them were created by one of Agilent’s former employees (who used the pseudonym “crack_smoking_jesus”). Agilent moved for summary judgment pursuant … 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

Employee Who Failed To Report “Illegal Activities” Was Not Terminated In Violation Of Public Policy

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 … Continue Reading

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