Persistence Results in Summary Dismissal of Discrimination Claims

In a case that originally intertwined class action wage and hour violations with a long-term former employee’s individual causes of action, CDF quickly achieved dismissal of the class action claims, reduced the original six individual claims to three, and ultimately achieved summary dismissal of the remaining discrimination, retaliation and wrongful termination claims.  The international employer faced state claims of failure to pay for all time worked, claims that were dismissed after the case was successfully removed to federal court pursuant to the Class Action Fairness Act.  The long-term individual plaintiff, terminated after 12 years of service, persisted in her claim that her termination was based on her age and in retaliation for her complaints of the wage and hour violations.  The federal court agreed that the employer overcame the presumption in favor of the plaintiff, and summarily dismissed all remaining claims.


U.S. States District Court, Southern District of California


Dave Carothers

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