Representative Cases

Jury Trials in Employment Law

Wrongful Termination: A former manager of a restaurant took a medical leave of absence and failed to return to work when her leave expired. After the restaurant discharged her for job abandonment she brought a case against her former employer and several of her supervisors. She contended that:

• Her supervisors conspired to get rid of her by falsely accusing her of making various unprofessional statements unbecoming of a manager, and
• Her supervisors wrongfully terminated her while she was on a medical leave of absence, which she took when confronted by her supervisors.

The plaintiff sued for wrongful termination, breach of employment contract, breach of implied covenant of good faith and fair dealing, intentional infliction of emotional distress, negligent infliction of emotional distress, defamation, and constructive discharge. The employer contended that her discharge was proper as she had failed to return to work and had failed to provide an excuse for her absence from work.

Collins & Bellenghi obtained dismissals of all individual defendants and summary adjudication in 8 out of 10 of the plaintiff's claims. Mr. Collins tried the case on the two remaining claims and obtained a defense jury verdict.

Employee Harassment: A collections manager was terminated for harassing and frightening female subordinates. When he threatened to sue his former employer for ethnic origin discrimination, the company agreed to pay a reasonable settlement in exchange for a general release and his agreement not to contact any company employees at work. The settlement agreement contained a confidentiality clause. When the former manager received his first settlement payment, he sent flowers to a former female subordinate at work, along with a suggestive note and a copy of the settlement agreement. The company then retained Collins & Bellenghi. Our lawyer advised the company to withhold additional settlement payments, to obtain a restraining order, and to file suit against him for the return of the initial payment. After a one-day jury trial, Collins & Bellenghi obtained a judgment for $40,000. The former manager's appeal was dismissed.

Employee Misconduct: A mortgage company fired two employees for e-mail abuse stemming from distribution of an e-mail advocating the use of deceptive, insubordinate and disruptive behavior within the company's escrow department. The former employees filed an action alleging perceived disability discrimination and harassment, retaliation, hostile work environment, sexual harassment, tortious discharge, gender discrimination, defamation, invasion of privacy, and unlawful eavesdropping against the mortgage company, its predecessor company, and three individual company employees.

All claims against the predecessor company and the individual employees were dismissed or adjudicated on summary judgment. In a separate motion, the defamation, invasion of privacy and eavesdropping claims were adjudicated in the company's favor. The remaining charges were taken to a jury trial. After a 6-week trial, the jury returned from a 2 hour deliberation with a special verdict of "12-0" in favor of the company on all questions. A motion for a new trial was denied and no appeal was filed.

Wrongful Termination / Age and Disability Discrimination: A landscape company employee filed suit against the company on a number of grounds after he was terminated from the company. He argued wrongful termination based on:

• Implied and express employment contracts
• Disability discrimination due to prostate cancer and hepatitis C, and in violation of public policy
• Age discrimination

He also alleged violations of the California Family Rights Act [CFRA], retaliation in violation of public policy, and brought a claim for unpaid wages.

The Orange County Superior Court issued a summary judgment in favor of the landscape company on all but one issue: whether the employee was terminated due to physical disability discrimination. On the first day of trial, the court granted the company's motion for nonsuit based on the former employee's failure to prove damages.

Wrongful Termination / Race and Gender Discrimination: A loan officer, in the employ of a mortgage company for four months, was terminated along with other loan officers who fell in the bottom twenty percent of loan officers based on production. The loan officer claimed that his termination was due to discrimination based on race and gender and brought action against the mortgage company and its predecessor company for:

• Gender discrimination in violation of the Fair Employment and Housing Act
• Race discrimination in violation of FEHA
• Failure to prevent gender discrimination in violation of FEHA
• Failure to prevent race discrimination in violation of FEHA
• Wrongful termination
• Intentional infliction of emotional distress and negligent infliction of emotional distress

Collins & Bellenghi obtained voluntary dismissals of the predecessor corporation, gender discrimination, and failure to prevent gender discrimination actions. The court granted a motion for nonsuit regarding race discrimination and failure to prevent race discrimination. Attorney Collins tried the remaining cause of action. Following a five-day trial, the jury deliberated for 80 minutes before returning a unanimous verdict for our client.

Bench Trials

Wrongful Termination / Race Discrimination: The department store employee sued his employer for race discrimination and false imprisonment, contending he was falsely accused of aiding and abetting shoplifters and wrongfully discharged because of his race. Following a three-day bench trial, the court ruled that the department store had probable cause to procure the plaintiff's arrest and good cause to terminate.

Wrongful Termination / Sexual Orientation Discrimination: A restaurant manager with almost three years tenure took a leave of absence for reasons of stress and then did not return to work. He later filed suit contending:

• Sexual orientation discrimination and harassment in violation of the Labor Code
• Wrongful termination in violation of public policy
• Retaliatory discrimination in violation of FEHA
• Failure to prevent discrimination and harassment in violation of FEHA
• Breach of contract and breach of the implied covenant of good faith and fair dealing

Collins & Bellenghi was able to get a judgment in the clients favor regarding claims of wrongful termination in violation of public policy, retaliatory discrimination and termination, and for failure to prevent discrimination and harassment. The remaining causes of action were tried in court. The Court ruled in favor of our client; the plaintiff failed to meet his burden of proof.

Motions for Summary Judgment

Labor Law: A union worker sued our client for failure to accommodate his disability in violation of Americans with Disabilities Act. Collins & Bellenghi successfully established that plaintiff was not disabled and belonged to a collective bargaining unit and that any accommodation would have violated the seniority provisions of the union contract.

Wrongful Termination / Age Discrimination: A 65-year-old employee discharged after 40 years with the company, sued for breach of implied contract and age discrimination. Collins & Bellenghi successfully moved for summary judgment on the ground the company terminated him in good faith after an adequate investigation indicated he had sexually harassed several female subordinates.

Wrongful Termination / Race Discrimination / Retaliation: An African-American manager sued our client claiming the company discriminated against him on the basis of race and retaliated against him for filing an internal race complaint against a senior manager. Collins & Bellenghi established that all actions taken against the plaintiff, including his termination were made in good faith and that the plaintiff was unable to show that either his race or his prior race complaint had any bearing on the decisions affecting his employment.

Wrongful Termination / Pregnancy Discrimination: A worker filed suit asking for damages in excess of $100,000 claiming she was fired because she disclosed that she was pregnant. Collins & Bellenghi obtained summary judgment for the company after establishing that she was discharged due to violations of the company's cash handling procedures.

Age and Race Discrimination: A 54-year-old African-American employee sued for age and race discrimination, among other things, after he was passed over for several promotions. Collins & Bellenghi obtained summary judgment, establishing that despite the plaintiff's 32-year employment history with the company, the company's decision to promote a female employee over him was made in good faith.

Constructive Discharge / Age Discrimination: A manager sued the client company for wrongfully demotion based on accusations of misconduct raised by union employees who disapproved of his tough management style, despite a 28 year career with the company during which he received numerous promotions. Collins & Bellenghi obtained summary judgment for the company, establishing that the company's decision to demote was made in good faith following a reasonable investigation.

Race Discrimination / Sexual Orientation Discrimination: An employee sued for discrimination based on race and sexual orientation. Collins & Bellenghi obtained summary judgment after establishing that company properly disciplined and ultimately terminated the employee as a result of his continual failure to conform to company policies.

Constructive Discharge / Discrimination: An aircraft company employee of 14 years filed suit for age discrimination, breach of contract, breach of the implied covenant of good faith and fair dealing and constructive discharge after being notified she was going to be laid off. The plaintiff contended that company violated a side agreement to place her on "temporary layoff" so that she would not lose her eligibility for certain retirement benefits and that the company had constructively discharged her by forcing her to perform tasks which her doctor proscribed her from performing. Collins & Bellenghi established that the employee was an unfortunate victim of an unfavorable change in business conditions which resulted in a reduction-in-force, and that no side agreement existed. Collins & Bellenghi obtained a dismissal of the entire case following a motion for summary judgment.

Sexual Harassment / Sexual Assault: The plaintiff, a minor, claimed that she was raped by a shift manager in training and brought charges for sexual harassment, assault and battery, false imprisonment, intentional infliction of emotional distress and negligence against the company and the manager. The manager was charged with forcible rape and pled guilty. The victim demanded $1.3 million in damages from the company. Collins & Bellenghi moved for summary judgment on the grounds that the company could not be held liable for conduct outside the course and scope of his employment and that the negligence claims were preempted by California's Workers' Compensation Act.

Breach of Contract / Age Discrimination / Sexual Harassment: An executive employee of a defense contractor was terminated from employment for soliciting sex from a contract cleaning person while on an overseas assignment. The executive denied the charges and sued for breach of employment contract and age discrimination. Collins & Bellenghi obtained summary judgment for the company, establishing that its decision to terminate was made in good faith after a reasonable investigation, and there was no evidence of age discrimination.

Wrongful Termination / Retaliation / Whistleblower / Reverse Discrimination: A quality assurance engineer with a defense contractor was terminated for forging his supervisor's signature on a weekly timecard. The employee claimed he simply put the supervisor's name on the timecard because the supervisor was unavailable. He sued for breach of implied contract, age and race discrimination because the person who made the discharge decision was younger and black. The employee further alleged that the company had terminated him for reporting manufacturing defects to the federal government. Collins & Bellenghi obtained summary judgment, establishing that the employee was an at-will employee and signing the supervisor's name on the timecard constituted terminable misconduct, even though the timecard was otherwise accurate. Collins & Bellenghi also established that there was no evidence of age or race discrimination, and plaintiff's alleged disclosure of manufacturing defects to the federal government did not invoke public policy issues and was not a motivating factor in plaintiff's termination.

Constructive Discharge / Race Discrimination: A black female attorney alleged racial discrimination and related claims against her employer, contending she was paid less than similarly situated white employees, not promoted, and harassed because of her race. She further contended that when she complained about discrimination, the company demoted, harassed and otherwise retaliated against her, culminating in her constructive discharge. Collins & Bellenghi obtained summary judgment establishing that the white employees to whom plaintiff compared herself were not similarly situated, that the failure to promote was not based on race, that the alleged retaliation and harassment had no effect on the terms and conditions of her employment and were not motivated by her race or discrimination complaints, and that the attorney's termination was part of a legitimate reduction in force. Collins & Bellenghi obtained an award of attorney's fees in favor of the company and against the plaintiff.

Settlements

Wrongful Termination / Disability Discrimination: An assistant manager filed suit for disability discrimination alleging he was terminated because he had AIDS. During the pendency of the lawsuit, the employee died and the Court appointed his mother successor in interest for the purpose of continuing the lawsuit. In mediation, Collins & Bellenghi obtained dismissal of all claims in exchange for payment of $7,500.

Pregnancy Discrimination: A temporary employee registered with an agency claimed the company withdrew a guarantee of a permanent position after she revealed that she was pregnant. Collins & Bellenghi successfully brought the case to the employment agency, forcing a settlement by the agency.

Dismissals

Wrongful Discharge / Race Discrimination: Plaintiff alleged that he was harassed and wrongfully discharged due to his race and for exercising his rights under the company's grievance procedure. Attorney Julian Bellenghi obtained a dismissal with prejudice following the granting of the company's demurrers.

Wrongful Termination / Wage and Hours Claim: A pharmacist sued the company alleging breach of contract; breach of the covenant of good faith and fair dealing, violation of the California Family Rights Act [CFRA], violation of the federal Family and Medical Leave Act [FMLA], and nonpayment of overtime in violation of the California Labor Code. Her original demand was in excess of $1 million. Prior to a hearing on a Motion for Summary Judgment, she reduced her demand to $50,000. Michael Collins obtained a dismissal with prejudice in exchange for a waiver of costs.

Race Discrimination / False Imprisonment: A company leased a ship to conduct research off the coast of California. Three racial minority crew members in the employ of the shipping company sued both the shipping company and the company leasing the ship alleging racial discrimination and false imprisonment based on treatment by the ship's captain. Collins & Bellenghi represented the leasing company only and filed a motion to dismiss charges, contending that because plaintiffs and the captain were employees of the shipping company, the leasing company was not a proper party defendant. The case was dismissed.

Wrongful Termination: A computer technician was terminated for accessing pornography on his company-supplied computer while at work. Plaintiff denied the claim and sued for breach of implied contract. He alleged that he had been sexually harassed by a female supervisor and that female employees routinely accessed pornography at work, but were not disciplined. During discovery, Collins & Bellenghi learned that plaintiff had falsified his resume, including that he had served for a brief period in the U.S. Army. Given plaintiff's brief military service and his failure to disclose it to the company, Collins & Bellenghi suspected that plaintiff was discharged for misconduct. Because the U.S. military will not respond to a state court subpoena, Collins & Bellenghi filed a motion asking the Superior Court to compel plaintiff to sign a release for his military records. Plaintiff opposed the motion, insisting that he had not served in the military and, if he had, the records were irrelevant. The Superior Court granted Collins & Bellenghi's motion, and plaintiff promptly dismissed his lawsuit.

Arbitrations

• UNION v. AMBULANCE CO.: Termination of union member for refusal to work assigned overtime shifts and use of abusive language upheld.
• UNION v. AMBULANCE CO.: One shift suspension upheld.
• UNION v. AMBULANCE CO.: Termination grievance. Arbitrator's decision ordered claimants reinstated, without back pay.
• UNION v. AMBULANCE CO.: Termination grievance. Grievance settled in exchange for resignation.
• NLRB v. AMBULANCE CO.: After the AMBULANCE CO.'s merger, the Union attempted to add another recently purchased company to the bargaining unit by filing a unit accretion petition with NLRB. After hearing, NLRB dismissed petition finding no accretion.

Collective Bargaining Agreements

In June 2001, Mr. Bellenghi attended various bargaining meetings between AMBULANCE CO. and UNION, advising AMBULANCE CO. on negotiating strategies and legal issues in regard to a new master collective bargaining agreement [CBA] covering its paramedics, EMTs, and other field employees. The parties reached agreement on June 30, 2001, and the new CBA, which included a no strike clause, was ratified by the majority of all AMBULANCE CO.'s employees in July 2001. Despite the ratification, in August 2001, the Union advised AMBULANCE CO. that its field employees in certain counties intended to strike, contending that each was a separate bargaining unit and the majority of its members in each such county had not voted to ratify. Collins & Bellenghi filed petitions for injunctive relief in the Superior Courts of each affected county and unfair labor practice charges with the NLRB, contending that the entirety of the employer complement constituted a single bargaining unit, which had ratified the CBA, and was bound by its no strike clause. Collins & Bellenghi also kept County Counsel in each county advised of developments. While the injunction petitions were pending, the Union withdrew its strike notice and accepted AMBULANCE CO.'s position that regarding a single unit, whose majority ratified the CBA, and thus was bound by the no strike clause.