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: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading
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 … Continue Reading
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: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5). Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab. Code § 1102.5 (“Section 1102.5”), Cal. Gov’t Code § 8547, et seq., and Cal. Health … Continue Reading
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes for allegedly poor performance, brought a whistleblower claim against PPG; Lawson claimed he was terminated because he had uncovered and reported a supervisor’s scheme to “mis-tint” unpopular paint colors in order to … Continue Reading
The Chippewa Cree Tribe of the Rocky Boy’s Reservation v. United States Dep’t of the Interior, 2018 WL 3978542 (9th Cir. 2018) Ken St. Marks, a member of the Chippewa Cree Tribe, informed the United States Department of the Interior (the “Department”) that he believed members of the Tribe’s governing body were misusing federal stimulus … Continue Reading
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018) Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did … Continue Reading
Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public policy that resulted from the director’s mistaken belief that Diego had lodged a complaint with the California Department of Social Services, which … Continue Reading
Lawson v. FMR LLC, 571 U.S. ___, 134 S. Ct. 1158 (2014) Plaintiffs in this case are former employees of private companies that contract to advise or manage mutual funds (collectively, “FMR”). Both plaintiffs allege that they “blew the whistle” on putative fraud relating to the mutual funds and as a result suffered retaliation from … Continue Reading
McVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013) Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials. McVeigh asserted claims under the California False Claims Act and … Continue Reading
We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment Community College Employee Is Entitled To New Trial On Whistleblower Claims LAPD Officer’s $2.1 … Continue Reading
Mize-Kurzman v. Marin Cmty. Coll. Dist., 202 Cal. App. 4th 832 (2012) Pamela Mize-Kurzman, who had been promoted to Dean of Enrollment Services as part of a settlement of a previous lawsuit against the district, claimed the district retaliated against her for disclosing what she believed to be violations of the law or regulations to … Continue Reading
Coppinger-Martin v. Solis, 627 F.3d 745 (2010) Carole Coppinger-Martin alleged that Nordstrom, Inc. violated the whistle-blower-protection provision of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A, by terminating her employment in retaliation for her reporting to supervisors conduct she believed violated the rules and regulations of the SEC. The United States Department of … Continue Reading
Mokler v. County of Orange, 157 Cal. App. 4th 121 (2007) Pamela Mokler was employed as the executive director of the County’s Office on Aging (“OoA”). Following her termination, she sued the County for breach of contract, wrongful termination, hostile work environment and unlawful retaliation under Labor Code § 1102.5 (the “whistleblower statute”). The jury … Continue Reading
Carter v. Escondido Union High School, 148 Cal. App. 4th 922 (2007) James T. Carter sued the Escondido Union High School District for wrongful termination in violation of public policy after the district declined to “reelect” Carter to his probationary teaching position because he informed the school’s athletic director that the football coach had recommended … Continue Reading
Patten v. Grant Joint Union High School Dist., 134 Cal. App. 4th 1378 (2005) Colleen Patten, a junior high school principal, “blew the whistle” concerning four “legal violations” that she believed had occurred at her school. After she complained, Patten was notified that she was being transferred to a smaller junior high school for the … Continue Reading
Brown v. Department of Corrections, 132 Cal. App. 4th 520 (2005) Kevin Brown, a correctional officer at the High Desert Prison, alleged a violation of Labor Code § 1102.5 (the whistleblower statute) and of Government Code § 8547.8 (a similar whistleblower statute applicable to state employees), arising from statements made by the Department’s inspector general … Continue Reading
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