Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
City Enjoined From Outsourcing.
The plaintiff, a union representing city employees, brought an action against the City for injunctive relief based upon a proposed outsourcing plan and layoff notices sent to over 100 employees. The trial court granted a preliminary injunction enjoining the City from contracting with a private entity for any of the services that are performed by […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition, stating: “A cause of action for wrongful termination in violation of public policy […]
Summary Judgment Reversed In Age Discrimination Case.
The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621]. Plaintiff was 54 years old with 29 years of experience. Someone else who was 42 years old and had two years of experience was hired. During the process, there was […]
Petition To Compel Arbitration Denied.
Defendant employer appealed from denial of its petition to compel arbitration of a wrongful termination claim. The arbitration clause was in an employee handbook which plaintiff acknowledged receiving. The appellate court affirmed, stating: “We hold that plaintiff is not bound by the arbitration clause because that clause was included within a lengthy employee handbook; the […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]
Improper Joinder Of Claims In Sexual Assault By A Doctor Of Two Patients, But Proper Joinder Of The Doctor’s Employers.
Two patients brought an action against their doctor and the doctor’s employers for sexual assault. The trial court sustained defendants’ demurrer without leave to amend because the plaintiffs alleged separate and distinct assaults during separate and distinct periods, and defendants were improperly joined under CCP § 378. The appellate court affirmed the ruling with regard […]
Advances Are Not The Same As Commissions.
Plaintiff was a salesman for Verizon, and his pay was based on a compensation plan, which was basically an hourly wage plus commissions. New hires were advanced 100% of their target commission, but were paid for their actual performance, and advanced commissions were taken back if a customer cancelled service. Plaintiff filed a complaint alleging […]
Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.
A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. § 1983. The trial court granted summary judgment and the Ninth Circuit affirmed. Dahlia v. Stehr (Ninth Circuit; August 7, 2012.) Case […]