Catherine E. Sullivan v. Kelly Services Inc.
Published: Jan. 31, 2009 | Result Date: Nov. 12, 2008 | Filing Date: Jan. 1, 1900 |Case number: 4:07-cv-02784-CW Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Jade Butman
(Nixon Peabody LLP)
Eric A. Grover
(Keller Grover LLP)
Defendant
Derek R. Havel
(Sheppard, Mullin, Richter & Hampton LLP)
Richard J. Simmons
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
On Aug. 11, 2006, plaintiff Catherine E. Sullivan completed her six-month employment assignment with Managed Health Network. Sullivan worked as a temporary staffing employee for defendant Kelly Services Inc., a provider of temporary staffing to various businesses. Sullivan was paid five days after the completion of her assignment with Managed Health, which was in line with Kelly Services' weekly wage schedule.
Sullivan filed a class action suit for violations of the California Labor Code and the California Business and Professions Code.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Kelly Services was required to pay employee's wages immediately upon completion or termination of employment as this represented a discharge per the Labor Code.
DEFENDANT'S CONTENTIONS:
Kelly Services denied all allegations.
Damages
The plaintiffs sought unspecified damages for violations of the Labor Code.
Result
The court ruled in favor of Kelly Services in summary judgment, finding that completion of her assignment with Managed Health did not represent a "discharge" and Sullivan was properly paid.
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