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: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading
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 … Continue Reading
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
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … 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
Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022) Rigoberto Jose Manuel sued his former employer, BrightView Landscape Services, Inc., for wrongful termination after he was injured on the job. Manuel alleged his employment was terminated in retaliation for his job injury; BrightView asserted that Manuel failed to return to work due to federal … Continue Reading
We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading
Zamora v. Security Indus. Specialists, Inc., 71 Cal. App. 5th 1 (2021) David Zamora sued his former employer, Security Industry Specialists, Inc. (“SIS”), for disability discrimination, wrongful termination and retaliation. Eight days after he was hired, Zamora tripped over a curb at work and twisted his left knee. Zamora was later laid off as part … Continue Reading
Wilkin v. Community Hosp. of the Monterey Peninsula, 71 Cal. App. 5th 806 (2021) Kimberly Wilkin worked as a registered nurse for the Community Hospital of the Monterey Peninsula before the hospital terminated her employment following its discovery she had violated the hospital’s policies governing the handling and documentation of patient medications. After her termination, … Continue Reading
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Strict Independent Contractor Test Applies Retroactively; California Employee Is Compelled To Litigate His Employment Claims In Indiana; Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination; … Continue Reading
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018) Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure … Continue Reading
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from his job as a field sales leader after he admitted to Allstate that he was arrested for domestic violence … 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
Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading
Prue v. Brady Co./San Diego, Inc., 196 Cal. Rptr. 3d 68 (Cal. Ct. App. 2015) Adam Prue alleged wrongful termination of his employment based upon a work related injury, which violated the public policy set forth in Labor Code § 132a. The trial court granted the employer’s motion for summary judgment on the grounds that … Continue Reading
As regular readers of this blog know, it has been a busy summer for employment-related legislation in the California Legislature (see here and here). Yet of all the bills currently wending their way through the legislative process, none would affect California employment law more than Senate Bill 655. If enacted, SB 655 would modify the … Continue Reading
McGrory v. Applied Signal Tech., 212 Cal. App. 4th 1510 (2013) John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human resources made to another employee about why McGrory had been terminated. … Continue Reading
Veronese v. Lucasfilm Ltd., 2012 WL 6628544 (Cal. Ct. App. 2012) Julie Gilman Veronese sued Lucasfilm on a number of theories, including pregnancy discrimination, failure to prevent pregnancy discrimination and wrongful termination in violation of public policy. Following 11 days of trial and three days of deliberation, the jury returned a verdict in favor of … Continue Reading
Dutra v. Mercy Med. Ctr. Mt. Shasta, 209 Cal. App. 4th 750 (2012) Michelle Dutra sued Mercy Medical Center for wrongful termination in violation of public policy based upon Cal. Labor Code § 132a (prohibiting discrimination against an employee who has filed a workers’ compensation claim). After a jury was selected, the trial court granted … Continue Reading
Sheppard v. David Evans & Assoc., 694 F.3d 1045 (9th Cir. 2012) Kathryn Sheppard filed a brief, two-and-a-half page complaint in federal court alleging discrimination under the Age Discrimination in Employment Act (“ADEA”) and wrongful termination under Oregon state law. The district court dismissed Sheppard’s complaint with prejudice under FRCP 8(a)(2) after concluding she had … Continue Reading
Hooper v. Lockheed Martin Corp., 2012 WL 3124970 (9th Cir. 2012) Nyle J. Hooper brought suit against Lockheed Martin under the qui tam provisions of the False Claims Act (the “FCA”). Hooper filed suit in the District Court for the District of Maryland, which transferred the suit at Lockheed’s request to the Central District of … Continue Reading
Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) Touchstone had an agreement with actress Nicollette Sheridan that gave it the exclusive option to renew Sheridan’s contract on an annual basis for an additional six seasons (after the first season) of the television show “Desperate Housewives.” Sheridan sued Touchstone for wrongful termination … Continue Reading
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