· 4/22/1996
David Knickerbocker v. City of Stockton, a California Municipal Corporation, George Lerner, Ralph Womack and Kenneth Wilbon
Citations
- 81 F.3d 907
- 96 Cal. Daily Op. Serv. 2771
- 3 Wage & Hour Cas.2d (BNA) 453
- 96 Daily Journal DAR 4577
- 1996 U.S. App. LEXIS 8712
- 1996 WL 189791
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring that retaliation be a “substantial factor” in adverse action
- holding same in the FLSA retaliation context
- requiring retaliation to be a “substantial factor” in adverse employment action
- applying “but for” standard for 27 causation during trial and on appeal
- “It is the defendant’s affirmative burden to prove that it would have taken the adverse action if the proper reason alone had existed.”
- adverse action closely 12 following protected activity can support inference of retaliation
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson, Kleinfeld, Wilson
Read full opinion on CourtListenerSourced 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.