Wrongful Termination Lawsuit Settled with $4 Million Settlement from the Catholic Church

March 25, 2015 - A former high school football coach, Christopher Cerbone, filed a wrongful termination lawsuit against the Catholic Church in Sacramento in response to his termination after reporting that some of the older players were sexually harassing some of the younger members on the team. The church agreed to pay $4 million to settle the suit. This settlement is in addition to the $900,000 a jury already ordered the church to pay the coach. The sexual harassment the coach reported was a form of “hazing.”

The church offered the $4 million settlement while the Sacramento County supreme court’s jury was deliberating whether to award punitive damages in response to the suit. The jury later advised reporters that they were considering awarding a lower amount closer to $1 to $2 million.

The hazing incident that led Cerbone to report the sexual harassment occurred at a Catholic high school in Vallejo in December of 2012.

Southern California employment law is designed to protect California workers who are doing their jobs. If you feel unsafe in the workplace or you feel that someone you work with is in an unsafe environment or situation, contact us for information on how to make it right. Many workplaces have policies regarding discrimination that go ignored until workers seek outside legal counsel. If you are a victim of harassment or if you have been victimized by a wrongful termination, you have the right to speak up for yourself. Doing so, with legal counsel on your side will mean getting results. If you have questions regarding sexual harassment or what constitutes wrongful termination, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Wrongful Termination Lawsuit Settled with $4 Million Settlement from the Catholic Church

A former high school football coach, Christopher Cerbone, filed a wrongful termination lawsuit against the Catholic Church in Sacramento in response to his termination after reporting that some of the older players were sexually harassing some of the younger members on the team. The church agreed to pay $4 million to settle the suit. This settlement is in addition to the $900,000 a jury already ordered the church to pay the coach. The sexual harassment the coach reported was a form of “hazing.” 

The church offered the $4 million settlement while the Sacramento County supreme court’s jury was deliberating whether to award punitive damages in response to the suit. The jury later advised reporters that they were considering awarding a lower amount closer to $1 to $2 million.

The hazing incident that led Cerbone to report the sexual harassment occurred at a Catholic high school in Vallejo in December of 2012.

Southern California employment law is designed to protect California workers who are doing their jobs. If you feel unsafe in the workplace or you feel that someone you work with is in an unsafe environment or situation, contact us for information on how to make it right. Many workplaces have policies regarding discrimination that go ignored until workers seek outside legal counsel. If you are a victim of harassment or if you have been victimized by a wrongful termination, you have the right to speak up for yourself. Doing so, with legal counsel on your side will mean getting results. If you have questions regarding sexual harassment or what constitutes wrongful termination, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Mother in Central Indiana Files Wrongful Termination Suit Over Breastfeeding Needs

A working, breastfeeding mother in Central Indiana (Shelby County) claims that she was fired from her job for requesting that her managers designate an appropriate place for her to use to pump her breast milk while at work. Could she have been wrongfully terminated for breastfeeding? Erica Zinn claims that she was fired from seasonal work at Shelbyville’s Rural King. Ms. Zinn’s daughter is 11 months old and refused to drink anything but breast milk. Ms. Zinn claims that she was clear with her employer up front about her needs when she was hired for the job.

Ms. Zinn was told by a manager to use a restroom when she needed to pump her breast milk and she refused. A coworker suggested that she use a fitting room and she assumed that everything was fine. A few days later, Zinn claims that she was again told to use the restroom for her breast milk pumping needs. Her manager fired Zinn that same day. The manager claims she was fired as a result of lack of complete availability, and issues surrounding her needs…basically concluding that she wasn’t a good suit for the job.

Zinn responds to these claims by stating that she was very clear when she applied for work about her availability. In response to reasons the company states for her firing, Zinn can’t help but wonder why she was hired in the first place if there was a problem related to availability that was thoroughly discussed.

A company spokesman for Rural King responded to media requests for responses to Zinn’s allegations by saying that there was no official comment because it is a personnel matter, but also noted that information reported by Zinn might not contain the complete story.  

If you need additional information regarding wrongful termination and what qualifies according to southern California employment law, contact the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Wrongful Termination Court Case Against the Children’s Hospital of Central California

October saw a victory for plaintiffs who filed a wrongful termination case against the Children’s Hospital of Central California. Children’s Hospital of Central California is a pediatric hospital that can be found just north of Fresno in California. 

This particular case was based upon a long standing 18-year old employee of the Children’s Hospital of Central California who was improperly drug tested on his day off; which was eventually found to be in violation of the employee’s constitutional right to privacy.

In the state of California, drug testing of current employees is subject to a more stringent analysis by the legal system in comparison to pre-employment drug testing. Employers who drug test current employees must identify a compelling reason that supports their decision to drug test, i.e. a reasonable belief that an employee was intoxicated on the job. This type of situation would strengthen the argument that drug testing the employee was a reasonable action.

Testing an employee during their off-duty hours is seen as particularly invasive and is more likely to be found as invasive by the courts.

It would seem that juries support the courts general opinion on the matter as the jury made its decision on this case on October 16, 2014 after both sides presented their arguments. They found that the employee’s privacy had been violated and that this violation of his rights had resulted in his wrongful termination, which is in violation of California employment law. As a result the plaintiff was awarded $1,035,000.00.

If you feel you are being bullied or mistreated by your employer, please get in touch with one of the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik today. 

Ruling of California Supreme Court: Federal Aviation Authorization Act Does Not Preempt California Meal and Rest Break Claims

A recent decision by the California Supreme Court will affect truck drivers throughout California. The finding that the Federal Aviation Authorization Act does not preempt California meal and rest break claims means that any truck driver in or through California is entitled to take a thirty (30) minute uninterrupted meal period prior to their fifth (5^th) hour of work. Drivers are entitled to this benefit regardless of the crossing of state lines during their route or the payment of overtime to the driver.

The issue originated with a meal break class action lawsuit filed against Penske Logistics that Penske won at the district court level. The panel of judges held that the meal and rest break laws in California are unrelated to Penske’s “prices, routes or services” and would therefore not be preempted by the Federal Aviation Administration Authorization Act of 1994. The appeals court also stated that it was never intended to preempt general state transportation safety, etc.

The meal and rest break law will add costs for motor carriers and motor carriers being affected are, of course, disappointed with the decision. The court defended their ruling stating that the law does not “set prices, mandate or prohibit certain routes, or tell motor carriers what services they may or may not provide, either directly or indirectly.”

The decision is excellent news for truck drivers on California roads.

For more information on California meal and rest break laws, contact your Southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.