In a wrongful termination case, the plaintiff intended to present statistical information to develop a disparate impact claim. He asked for the names of all employees terminated during a certain period, the department where each worked, the age of each, the reason for each termination, whether severance benefits were offered and, if so, if they […]
Collateral Estoppel/Res Judicata/Waiver Applied When Previous Proceeding Was Administrative.
31-year employee of a water district who delivered water to farmers was involved in an on-duty vehicular accident while driving a district truck. The police report on the accident indicated the employee had consumed alcohol the previous evening. A field sobriety test was performed and police determined he still had alcohol in his system with […]
Written Employment Agreement With Parent Company Does Not Preclude Implied In Fact Employment Agreement With Subsidiary.
The Federal Deposit Insurance Corporation [FDIC] issued a cease and desist order requiring an employer investment and loan company to replace its senior management and take other measures to improve its lending practices. The next month, plaintiff and the parent company of the employer entered into a written employment contract stating plaintiff would be employed […]
Arbitration Decision Vacated Due To Mistake Of Law.
Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
Pregnancy Discrimination Verdict Upheld.
Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA Government Code §12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 for attorney fees. The employer argued on appeal the trial court […]
State Not Liable For Accident Caused By Employee Driving To Work From A Medical Workers Compensation Appointment.
Employee of a state prison who was injured on the job was driving to work after seeing a Workers Compensation doctor for the injury when she allegedly caused an accident which resulted in severe personal injuries to plaintiff. Following presentation of plaintiff’s case, the trial court entered nonsuit in favor of the State. The appellate […]
No Attorney Fees.
Employer settled case with employees who contended they were not given rest breaks required by Labor Code §227.7. The California Supreme Court decided “the most plausible inference to be drawn . . . is that the Legislature intended Labor Code §226.7 claims to be governed by the default American rule that each side must cover […]
Use It Or Lose It.
Court of Appeal upheld trial court’s finding employer waived arbitration by delaying arbitration for an unreasonable time period [not expressing desire to arbitrate for four months after action commenced and waiting almost another month before filing its motion to compel arbitration]; engaging in litigation on the merits by taking steps inconsistent with arbitration [multiple demurrers, […]
Arbitration Award For Employer Set Aside.
An employment agreement containing an arbitration clause stated “this Agreement can be amended, modified, or revoked in writing by the Company at anytime.” The trial court granted the motion to compel arbitration. The plaintiff not only failed to prevail at arbitration, but was ordered to pay the employer over $40,000 for its attorney fees and […]
Employees Who Work Through Meal Periods Not Entitled To Compensation.
The California Supreme Court addressed the nature of an employer’s duty vis-à-vis meal breaks in wage and hour cases: “[W]e conclude an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires, but the employer need not […]
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