Lara & Luna APC Completely Defeats Employer's Motion for Summary Judgment and Summary Adjudication in Los Angeles Superior Court

Lara & Luna APC Completely Defeats Employer's Motion for Summary Judgment and Summary Adjudication in Los Angeles Superior Court

Lara & Luna APC successfully defeated an employer's motion in Los Angeles County Superior court last week to dismiss a case against it and its former Senior Investigator, involving Labor Code Violations, Emotional Distress and Defamation at the summary judgment stage. Our law firm represents a former employee who worked as a Senior Engineer for a large international corporation.

After twelve loyal years of service, positive performance reviews and a week after getting a bonus from the employer, our client was suddenly terminated based on an arrest that did not result in conviction in violation of California Labor Code section 432.7. The employee had no prior criminal history. However, the employer illegally obtained a copy of the employee's police report and used the contents in the police report as a basis of the employee's termination. Also, the employer disseminated information about the employee's arrest in organizational charts to other employees that had no reason to know about the arrest. Following the employee's termination, the employer's Senior Investigator kept calling the police to get information about the status of the arrest, hoping to get a conviction to justify its wrongful termination of the employee. The employer came up with various pre-textual excuses as to why they terminated the employee. As a result of the employer's conduct, the employee's reputation has been damaged.

In a positive ruling in favor of the employee, the court denied the employer's motions to dismiss the case in their entirety and found that there were issues of fact based on the "mixed motive" aspect of the termination. The court also found issues of fact as to whether the employer intentionally and negligently inflicted emotional distress on the employee and whether the employee was defamed by the employer's actions. As a result of the court's ruling, all of the employees claims against the employer and its Senior Investigator alleged in the complaint will remain intact.