Employment Law Blog

Filter:  Flait v. North American Watch Corp.

Preemption and Collective Bargaining Agreements

To survive a motion for judgment on the pleadings, a complaint must state sufficient facts, accepted as true, to state a claim that is plausible on its face. Chavez v. United States, 683 F. 3d 1102, 1108-1109 (9th Cir. 2012). Thus, a defendant is not entitled to judgment on the pleadings if the complaint raises issues of fact which, if proved, would support recovery. General Conference Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church, 887 F. 2d 228, 230 (9th Cir. 1989).

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Whistleblowing and Hazardous Working Conditions

To establish a prima facie case of retaliation, a plaintiff must show that (1) they engaged in a protected activity, (2) that they were thereafter subjected to adverse employment action by their employer, and (3) there was a causal link between the two.  Iwekaogwu v. City of Los Angeles, 75 Cal.App.4th 803, 814 (1999), quoting Flait v. North American Watch Corp., 3 Cal.App.4th 467, 476 (1992).

In order to be protected against discharge, a complainant need only make a good faith complaint about working conditions that they believes to be unsafe. Cabesuela v. Browning-Ferris Industries of California, Inc., 68 Cal.App.4th 101, 1009 (1998) [emphasis added].  An employer is prohibited from retaliating against a complainant who made “a bona fide oral or written complaint to [their] employer of unsafe working conditions, or work practices, in [their] employment or place of employment.” Labor Code § 6310(b) [emphasis added].

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