California Court of Appeal

In an employment discrimination case wherein the same person who terminated plaintiff had previously hired and promoted her, the court of appeals rejects employer's contention that "same actor" evidence should be accorded special weight in reviewing a trial court's denial of an employer's motion for JNOV. Furthermore, in assessing the usage of Labor Code sections 232 and 232.5 as the basis for claims of wrongful termination in violation of public policy, grant of nonsuit is affirmed where: 1) plaintiff failed to engage in the activity protected by section 232; and 2) the policy set forth in section 232.5 was not "well established" at the time of plaintiff's discharge.

Appellate Information

• Decided 04/18/2008
• Published 04/18/2008

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Adams Nye SinunuBruni Becht, Bruce Nye, David J. Becht, Barbara R. Adams, San Francisco, and John Lee;  Rosen, Bein & Asaro and Andrea G. Asaro, San Francisco, for Plaintiff and Appellant.


• For Appellees:
  
• Reed Smith LLP, Paul D. Fogel and Raymond A. Cardozo, San Francisco;  Wilson Sonsini Goodrich & Rosati, Fred W. Alvarez and Troy A. Valdez, Palo Alto, for Defendant and Appellant.