Plaintiff lived in a State-owned rental unit on the grounds of San Quentin prison, and he walked from his residence to the prison building where he worked. One day, a concrete step on a staircase collapsed underneath him and he suffered injuries in a fall. He filed a lawsuit and the trial court granted the […]
No Respondeat Superior For Acts Of Independent Contractor.
A production company hired a medical doctor as its performer’s personal physician for a concert tour. The performer died of acute intoxication by drug while under the doctor’s care. The performer’s family sued the production company for negligent hiring, retention and supervision of the doctor. The trial court granted summary adjudication for negligence and respondeat […]
Too Sick To Work For You.
An employee, who was on approved medical leave, was fired after his employer discovered he was engaged in outside employment, which was a violation of company policy. The employee brought an action for violation of the Moore-Brown-Roberti Family Rights Act [CFRA; Government Code sections 12945.1 and 12945.2]. An arbitrator held in the employer’s favor, finding […]
Does Application Of The “Honest Belief” Defense To A CFRA Claim Deprive An Employee Of An Unwaivable Statutory Right?
In Richey v. AutoNation, Inc. (Cal. Sup. Ct.; January 29, 2015) 60 Cal.4th 909, [182 Cal.Rptr.3d 644, 341 P.3d 438], the California Supreme Court sidestepped the issue of whether an arbitrator’s presumably erroneous interpretation of the Moore-Brown-Roberti Family Rights Act (CFRA) deprived an employee of an unwaivable statutory right. The plaintiff employee was fired by defendant […]
Employer’s Petition To Compel Arbitration Denied.
In Montano v. Wet Seal Retail, Inc. (Cal. App. Second Dist. Div. 4; Januanry 7, 2015) (As Mod. January 13, 2015) 232 Cal.App.4th 1214, [182 Cal.Rptr.3d 220], an arbitration agreement drafted by an employer provided that the employee waived the right to file a private attorney general claim. It also stated that this provision was a material […]
No Administrative Appeal Right After Police Officers Transferred To Another Assignment.
LAPD robbery/homicide lieutenant, with 23 years of experience on the force, was counseled for a lack of supervisory skills. When the situation did not improve, it was determined that either the lieutenant had to make significant changes to interpersonal skills, or a significant number of subordinates would leave the section. Retaining rank and pay, the […]
Wrongful Termination “Tameny” Claim.
An employee of a private university reported numerous instances of misconduct committed by her immediate supervisor and was fired. In her action for wrongful termination in violation of public policy, the university argued the illegal conduct the employee reported involved an injury only to the pecuniary interests of the university, and not to the public […]
Employee Fired Because School Mistakenly Thought She Reported School To Licensing Agency.
A preschool mistakenly believed one of its employees contacted the state licensing agency regarding conditions at the preschool and the employee was terminated. The employee sued the preschool, and the trial court granted the preschool’s motion for summary judgment because the lawsuit alleged the employee’s termination was contrary to public policy, and that as a […]
When The Agreement Is Silent On The Issue, Just As It Is With Classwide Claims, Representative Claims Are Inconsistent With Arbitration.
In a classwide wage and hour action, the court granted the defendant employer’s petition to compel arbitration, leaving it up to the arbitrator to decide whether the agreement contemplated classwide and/or representative claims arbitration, or whether only the named plaintiff’s individual claim would be resolved in the arbitration. The employer filed a petition for writ […]
Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.
An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 15
- Next Page »