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Employment Law
Constructive Discharge
Layoffs

Costa Mesa City Employees' Association v. City of Costa Mesa

Published: Sep. 24, 2011 | Result Date: Jul. 5, 2011 | Filing Date: Jan. 1, 1900 |

Bench Decision –  Injunctive Relief

Court

Orange Superior


Attorneys

Plaintiff

Stephen H. Silver


Defendant

Kimberly Hall Barlow
(Jones Mayer)


Facts

The City of Costa Mesa issued 213 layoff notices to employees telling them that 18 services will be outsourced in six months to mostly private companies. The Orange County Employees Associate sued the city seeking an injunction.

Result

Orange County Superiour Cuort Judge Tam Nomoto Schumann enjoined the city from going forward with its outsourcing plans. Judge Schumann tentatively agreed that the city failed to follow proper procedures when it issued layoff notices to city employees. The city cannot lay off any worker until the matter is heard in a civil trial.


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