Search This Blog

Tuesday, October 29, 2013

American Corporate Security v. Su: Employer May Not Seek Writ of Mandate To Review Labor Commissioner Determination that Employer Retaliated Against Employee

A quick note on this case. 

In American Corporate Security, Inc. v. Su (9/10/13, pub. 9/27/13) --- Cal.App.4th ---, the Labor Commissioner found that an employer (ACS) terminated an employee in retaliation for complaints about alleged Labor Code violations. ACS petitioned for a writ of mandate, and the trial court sustained the Labor Commissioner's demurrer. The Court of Appeal affirmed, finding as follows: 

A Labor Commissioner order finding retaliation is not self-executing. Slip op. at 6-8. If the employer refuses to comply with such an order, the Labor Commissioner must bring an action in court to enforce it. Ibid. Nothing prevents the employer from raising defenses in such an action. Slip op. at 8-9. Because it could defend the retaliation action in court, ACS had an adequate remedy at law and the demurrer to its mandate action was properly sustained. Slip op. at 10-11. 

The opinion is available here

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.