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Summary Judgment Granted for Defendant on Wage & Hour Case

Summary Judgment Granted for Defendant on Wage & Hour Case - sherman law corporation

After 3 years of highly contentious litigation, Sherman Law Corporation successfully represented Defendant The Ticket Clinic in a dismissal of plaintiff and former employee, Luis Valdivia’s lawsuit against it.  Plaintiff’s Complaint alleged five causes of action for: 

  1. Wrongful termination in violation of public policy
  2. Failure to furnish timely and accurate wage statements
  3. Failure to make payment within required time
  4. Unfair competition
  5. Breach of oral contract

After Sherman Law Corporation took the plaintiff’s deposition and filed Defendant’s Motion for Summary Judgment, Plaintiff dismissed his first cause of action for wrongful termination in violation of public policy without prejudice.  On December 8, 2020, Defendant’s Motion for Summary Judgment was granted in its entirety dismissing Plaintiff’s lawsuit. 

Failure to Furnish Timely and Accurate Wage Statements

Plaintiff claimed that Defendant did not provide accurate itemized payment statements, despite the fact that Defendant outsourced payroll to an independent payroll service which fully complied with Labor Code section 226 by providing the itemized wage statements electronically to him.  Defendant produced emails that were sent to Plaintiff to register for the program that would have allowed him to access his itemized wage statements at any time which satisfied Defendant’s obligation under the Code. Although the final paycheck that was issued to Plaintiff manually was not accompanied by a printed itemized wage statement, the Court determined it was an isolated mistake and did not constitute a “knowing and intentional failure by an employer” in violation with Labor Code section 226.

Failure to Make Payment within Required Time

Plaintiff  claimed that he was owed severance based on a verbal representation by the owner who initially promised to pay him through the end of the year. After Plaintiff rejected the check, the owner refused to pay him. Because Plaintiff was paid all wages due and owing to him, he had no further claim against the employer.

Unfair Competition

Plaintiff claimed that Defendant’s failure to comply with the wage and hour laws constituted an unfair business practice. Because Plaintiff did not prove an underlying violation, no unfair business practice claim remained.  

Breach of Oral Contract

Plaintiff claimed Defendant breached an oral contract by failing to pay him the severance the owner promised to pay him. The Court has determined that there was no contract to breach. The additional amount that the owner promised was nothing more than a gift so there was no consideration supporting a breach of contract. 

Sherman Law Corporation substituted in as counsel for Defendant in November 2017. Littler Mendelson previously represented Defendant. 

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