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· 5/14/2007

Loggins v. Kaiser Permanente International

Citations

  • 60 Cal. Rptr. 3d 45
  • 151 Cal. App. 4th 1102
  • 2007 Cal. Daily Op. Serv. 6569
  • 2007 Cal. App. LEXIS 939

How courts have described this case

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

  • noting “contrary argument, if accepted, 27 would eviscerate the McDonnell Douglas framework . . . [by] preclud[ing] the employer 1 articulated legitimate reasons for the employment termination”
  • analyzing FEHA claim and wrongful discharge in violation of the public policy together
  • applying burden-shifting framework from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), to claim of retaliatory wrongful termination in violation of public policy under California law
  • noting “to permit the 6 inference of a causal nexus … the case law suggests the employer’s action must follow ‘within a relatively 7 short time’ and the plaintiff cited “no case holding that a nine-month hiatus between protected conduct 8 qualifies as a ‘relatively short time’”
  • “When a plaintiff alleges retaliatory employment termination ... as a claim for wrongful employment termination in violation of public policy, and the defendant seeks summary judgment, California follows the burden shifting analysis of McDonnell Douglas Corp.”
  • plaintiffs “averment raises a factual issue of whether she engaged in protected conduct that was temporally close to and preceding the adverse employment action, which sufficed to shift the burden to” defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: McDONALD

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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.