California Employment Law Notes - September 2011

Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination

Salas v. Sierra Chem. Co., 198 Cal. App. 4th 29 (2011)

Vicente Salas worked on Sierra Chemical's production line, filling containers with various chemicals. At the time of his hire, Salas provided Sierra with a resident alien card and a Social Security card and signed an Employment Eligibility Verification Form (I-9 Form). After allegedly injuring his back several times and presenting doctors' notes restricting his ability to lift, stoop and bend, Salas was laid off in December 2006 as part of Sierra's annual reduction in its production line staff. Salas received a recall-to-work letter in May 2007, but Sierra did not permit him to return to work after he told the company he was "not completely healed." Salas subsequently filed a lawsuit against Sierra, alleging disability discrimination and denial of employment in violation of public policy. After filing an in limine motion stating that he would assert his Fifth Amendment right against self-incrimination to any questions concerning his immigration status, Sierra discovered that the Social Security number ("SSN") used by Salas to secure employment belonged to a man in North Carolina named Kelley R. Tenney. Sierra then moved for summary judgment on the ground that it never would have hired or recalled Salas if it had known he was using a counterfeit SSN. After its motion was initially denied, Sierra filed a petition for writ of mandate with the Court of Appeal, which directed the trial court to grant the motion or show cause why the motion should not be granted. The trial court subsequently granted the motion, and the Court of Appeal affirmed summary judgment in this opinion based upon the after-acquired evidence and unclean hands doctrines.

Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave

Rogers v. County of Los Angeles, 2011 WL 3570494 (Cal. Ct. App. 2011)

After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors. During her LOA, Rogers' doctor told her that she could not perform her duties because "she could not think clearly and had headaches." Rogers' stress allegedly resulted from "an attack on [her] integrity." When Rogers returned to work, she learned that she had been transferred to the Internal Services Department, which Rogers considered to be a "demotion" and a "slap in the face." That same day, Rogers left the office early, called in sick for the rest of the week and then submitted notice of her retirement. Rogers then filed a lawsuit for violation of her rights under the California Family Rights Act ("CFRA"), which went to trial. The jury awarded Rogers $356,000 in damages for lost earnings and emotional distress. The Court of Appeal reversed the judgment, holding that Rogers was not entitled to reinstatement because she had failed to return to work at the end of the 12-week CFRA-protected leave period. The court further held there was insufficient evidence of retaliation against Rogers for having exercised her rights under CFRA because Rogers failed to establish the requisite causal connection between her protected actions in taking CFRA medical leave and the decision to transfer her to another position. See also Walls v. Central Contra Costa Transit Authority, 2011 WL 3319442 (9th Cir. 2011)...