San Francisco Team Wins Summary Judgment for Preeminent Healthcare Client

August 2020

On August 27, 2020, Gordon Rees Scully Mansukhani partner Alyson Cabrera and associate Graham Helm of the San Francisco office prevailed on summary judgment in a case for one of the firm’s preeminent healthcare clients.

The motion was heard before Judge Nancy Fineman in San Mateo County Superior Court. The plaintiff worked in the Sleep Clinic as a Chief Sleep Technician. She alleged that she was forced to resign due to intolerable working conditions allegedly created by her manager. The plaintiff alleged retaliation in violation of California Labor Code section 1102.5; retaliation in violation of the California Family Rights Act ("CFRA"); disability discrimination in violation of the Fair Employment and Housing Act ("FEHA"); retaliation in violation of FEHA; failure to prevent discrimination and retaliation in violation of FEHA; and wrongful termination in violation of public policy.

Cabrera and Helm argued that all of the causes of action failed as a matter of law for lack of an adverse employment action and on the basis that the employer did not subject the plaintiff to intolerable working conditions as required to prove constructive discharge.

In a lengthy order, the court agreed, and granted the employer’s motion for summary judgment.