Los Angeles’ Kenneth Sulzer Quoted in the Daily Journal
“Retaliation Cases Could Open Door for More”

A November 1 article in the Los Angeles and San Francisco Daily Journal pointed out that although wage-and-hour class action suits continue to be the biggest threat to employers, retaliation claims are on the rise. Now the California Supreme Court will decide on two cases that could broaden the scope of retaliation claims.

In one case, the Supreme Court will decide whether an oral complaint—as opposed to a written one—is protected under anti-retaliation law. A second case to be heard in December deals with associational retaliation—whether it is retaliation if a company fires the fiancé of an employee who complained about discrimination.

“If the connection is that loose, then the door is wide open any time someone gets fired,” Ken told the Daily Journal. “There may be an opportunity to say, ‘I was associated with the person who was involved in some type of corporate or ethics complaint.’ You could have a whole new subset of cases. If more people can sue, it’ll likely mean more cases.”