Employee’s Evidence That Failure To Perform Job Task Was Not Important — Is Rejected.

Plaintiff was terminated after failing to perform an important annual report for three years in a row. In the ensuing wrongful termination action, the employer moved for summary judgment, and plaintiff produced expert evidence that the failure to perform the important job function did not harm the employer. The trial court granted summary judgment. The appellate court affirmed, stating: “We are asked to determine whether an employee who is terminated for failing to perform an important job function can avoid summary judgment by arguing, based on expert evidence obtained for the purpose of opposing a motion for summary judgment or summary adjudication, years after the employee’s termination, that the failure to perform did not and would not result in any adverse consequences to the employer. We hold that after-acquired expert evidence that there were no adverse consequences from an employee’s failure to perform does not create a triable issue of fact on the question whether the employee failed to perform his or her job duties and thus has limited relevance, if any, to the question of discrimination.” (Serri v. Santa Clara University (Cal. App. Sixth; May 28, 2014)226 Cal.App.4th 830, [172 Cal.Rptr.3d 732].)