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Employment Law
Breach of Implied Contract
Employee Pension Plan

Max Rossitto v. Safeway Inc., Victor Rossi, and Does 1 through 10, inclusive

Published: Feb. 14, 2015 | Result Date: Mar. 17, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-05857-MEJ Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Peter Goldstone

Sarah Lewers


Defendant

Stephen Q. Rowell

Christopher A. Kee


Facts

Max Rissitto sued Safeway Inc. and Victor Rossi, in connection with his employment with the company.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he and defendants were subject to a collective bargaining agreement by virtue of his membership in a union. Plaintiff alleged that defendants terminated him without good cause, and in violation of the CBA. Plaintiff further alleged that he was terminated without defendants conducting a thorough investigation on his alleged theft and that the theft allegation constituted defamation.

Plaintiff asserted claims for disability discrimination, failure to take preventative action, failure to engage in the interactive process, failure to make reasonable accommodation, discrimination in violation of public policy, and defamation. Plaintiff also asserted a claim for breach of express and implied contracts not to terminate without good cause against Safeway.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses. Defendants further argued plaintiff was fired for attempted theft, and moved for summary judgment.

Result

The district court granted Safeway's summary judgment motion, and entered judgment in its favor.


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