Facts

Jimmy Kuang sued his former employer, Bel Air Mart, in connection with his allegedly wrongful termination.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a cook at the Hot Wok Dept. and a member of the United Food and Commercial Workers Union. Plaintiff claimed that defendant could only fire employees for "just cause" pursuant to defendant and the Union's collective bargaining agreement. However, defendant allegedly terminated without just cause. Plaintiff brought this action against defendant, alleging wrongful termination, breach of contract, and breach of covenant of good faith and fair dealing.

DEFENDANT'S CONTENTIONS:
Plaintiff was allegedly caught on surveillance taking cough drops and other merchandise to the back room before paying for them. Such conduct violated the company's policies, which prohibited employees from consuming merchandise in the store before paying for it. Employees were also prohibited from selecting merchandise and setting it aside to pay for it later. Therefore, defendant argued it had "just cause" for terminating plaintiff's employment. Accordingly, defendant moved for summary judgment.

Result

The court granted summary judgment in favor of the employer.

Other Information

FILING DATE: Jan. 20, 2015.