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Complete Defense Verdict in Emotional Distress & Constructive Discharge Trial

 Insurance agent was involved in a physical altercation with a coworker while at work that he claimed rendered him totally disabled and unable to work in any capacity going forward.  Plaintiff alleged claims of IIED and constructive discharge against his employer.  Dawn Irizarry was part of the legal team that received...
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Summary Judgment Granted On Disability Discrimination and Retaliation Claims

Director of Security for a large multi-national company alleged that he was discriminated against and wrongfully terminated based on his disability, and retaliated against for having exercised his right to leave under the California Family Rights Act.  The court granted Defendant’s motion for summary judgment in its entirety and all claims...
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CDF Obtains Order Denying Missclassification Claim on Behalf of a Large Facility

CDF represented a large facility in connection with a complaint filed with the Labor Commissioner.  The former employee was a production supervisor, and claimed he was improperly classified as exempt and was entitled to substantial overtime compensation.  After an evidentiary hearing in front of the DLSE, the DLSE issued an order denying...
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CDF Obtains Dismissal of Federal Case Brought Against Its Construction Industry Client

A job superintendent sued his construction company employer in state court claiming the company had breached an oral agreement to pay him significant additional compensation and benefits for being “on call” to provide managerial services.  Partner Mark Van Brussel and Associate Connor Moyle removed the case to federal court on grounds...
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Santa Ana Labor Commissioner Rules Completely in Favor of Employer on Claim for Reimbursable Business Expenses

A former employee of an international electronic components company filed a claim with the Labor Commissioner alleging the employer failed to reimburse him for business expenses incurred through the majority of his employment, even though he failed to timely submit his reimbursement requests while he was employed and did not attach...
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Complete Defense Verdict in Overtime Misclassification Trial

Complete Defense Verdict in Overtime Misclassification Trial Plaintiff was a salaried Senior Revenue and Commissions Accountant for our client, a large, national company that provides businesses with broadband voice and data communications services.  Plaintiff was responsible for administering the company’s commissions payments to its internal sales representatives and external partners by validating...
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Disability Discrimination Claim Dismissed at Summary Judgment

When our client terminated an employee after she was on a final warning for violating company policy, the former employer filed a lawsuit for disability discrimination, wrongful termination, failure to accommodate, failure to engage in the interactive process, retaliation, and infliction of emotional distress under California law.  The former employee had...
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Plaintiff Walks Away From Wrongful Termination and Pregnancy Discrimination Action After MSJ Filed and Sanctions Motion Served

A former food worker for a temporary staffing company took pregnancy leave, and when she returned for reassignment, she completed an I-9, falsifying her social security and resident alien numbers.  The company complied with federal law by not reinstating her, and she turned around and sued for wrongful termination and pregnancy...
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Successfully Enforced Arbitration Agreement on behalf of Non-Signatory Sister Entity

A former employee sued his former employer, as well as the employer’s commonly-owned sister company, for wrongful termination.  The trial court denied the sister company’s effort to compel arbitration, on the ground that the sister company was not a signatory to the arbitration agreement between the employee and the employer.  The...
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Putative Class Action Against Background Checking Company Dismissed

A convicted sex offender commenced a putative class action lawsuit against a background checking company for allegedly using the Megan’s Law database to conduct employment background screening.  The trial court dismissed the case in its entirety as a Strategic Lawsuit Against Public Participation (SLAPP) lawsuit, and the Court of Appeals affirmed.
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$17 Million Labor Code Private Attorneys General Act (PAGA) Claim Settled for a Fraction of Exposure

A large fast food chain restaurant faced a potential $17 million PAGA penalty for omitting the beginning date of the pay period from its wage statements.  After defendants filed motions for judgment on the pleadings and for summary judgment attacking the constitutionality of PAGA and arguing that PAGA penalties should not...
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Class Action Proceedings Dismissed By The Los Angeles County Superior Court And Individual Claims Referred To Binding Arbitration

A factory line worker filed a putative class action alleging various wage and hour violations against the staffing company that hired him and the food manufacturing company at which he was placed.  CDF filed a motion to compel arbitration on behalf of the staffing company, and the food manufacturer joined in...
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Long Beach Labor Commissioner Rules Completely in Favor of Employer On Commission And Bonus Dispute

A commissioned salesperson for a large national company filed a claim with the Labor Commissioner alleging that he was entitled to commissions and bonuses for all sales booked, as opposed to sales for which the company actually received revenue under the terms of the company’s Sales Incentive Plan.  Orange County partner...
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Class Action Proceedings Dismissed and Individual Claims Referred To Binding Arbitration

A factory line worker filed a putative class action alleging various wage and hour violations against the staffing company that hired him and the food manufacturing company at which he was placed.  CDF filed a motion to compel arbitration on behalf of the staffing company, and the food manufacturer joined in...
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Summary Judgment Granted in Disability & Age Discrimination Case Filed Under FEHA

A clerk at a specialty grocery chain became ill, took his full medical leave, but was unable to work in any capacity for nearly a year.  When he failed to report to work after his leave expired, he was terminated.  After he was cleared to work again, he reapplied but was...
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