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· 5/28/2008

Arteaga v. Brink's, Inc.

Citations

  • 163 Cal. App. 4th 327
  • 77 Cal. Rptr. 3d 654
  • 2008 Cal. App. LEXIS 785

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that 10 employees “may not raise an old wound as a preemptive strike to escape appropriate discipline”
  • concluding that an employee’s termination within a few days of filing a workers’ compensation claim established a causal link between the protected conduct and the termination for the purposes of his prima facie claim
  • holding “[t]he employer may fire 5 an employee for. . . a reason based on erroneous facts. . . as long as its action is not for a 6 discriminatory reason.”
  • noting that “smoking gun” evidence of discrimination is rarely found
  • noting that “smoking gun” evidence of discrimination is rarely found
  • finding the employee’s pain and numbness were subjective, and the employer was entitled to rely on the fact that the physician returned the employee to work without any restrictions

Source: CourtListener parenthetical corpus (CC0).

Judges: Mallano, Vogel, Rothschild

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.