Procedural Posture: PAGA defense attorneys
Plaintiff former employee sought review of the judgment of the Superior Court of San Diego County (California), which granted summary disposition to defendant former employer on plaintiff's sex discrimination and public policy claims, dismissed plaintiff's fraud and deceit and bad faith claims and entered judgment for defendant on plaintiff's implied good cause claim based on a jury verdict that plaintiff was an at-will employee.
Overview
Plaintiff former employee was employed by defendant former employer as a part-time secretary in his law office, and devoted the rest of her time to a free-lance paralegal business. Defendant hired a second employee with whom defendant became romantically involved. After plaintiff reported a particular incident to defendant's wife, defendant terminated plaintiff. Defendant's paramour took over plaintiff's duties and was given a pay raise. Plaintiff filed a complaint against defendant alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud and deceit, sex discrimination, and wrongful discharge in violation of public policy. The trial court awarded summary disposition to defendant on plaintiff's sex discrimination and public policy claims, entered judgment for defendant on her implied good cause claim, and dismissed her fraud and deceit and bad faith claims. As to the sex discrimination and public policy claims, the court affirmed the summary disposition because the Fair Employment and Housing Act, Cal. Gov't. Code § 12900, and the public policy of the state did not recognize office romances as sex discrimination.
Outcome
The court affirmed the judgment for defendant former employee in plaintiff former employee's discrimination action, as the allegation that defendant was engaged in a romantic relationship with another employee did not state a cause of action, and there was no other conduct that plaintiff alleged that constituted sexual discrimination or harassment or that a hostile work environment existed.
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