Smith v. Black Diamond Paver Stones & Landscape CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Project Design Specialist Position Plaintiff applied to be a project design specialist for defendant. The job posting identified the job responsibilities as including: (1) meeting with prospective clients, (2) “[s]ketching & [m]easuring projects” to develop proposals, and (3) presenting the proposals to prospective clients. Plaintiff understood that the position required him to manage the project from installation through completion. Although the written job posting stated that “[c]ustomer interaction is [v]irtual at this time,” plaintiff understood that the job required him to walk around a jobsite to measure. Roger Van Alst was the owner of defendant. Van Alst testified that when project design specialists meet with a potential client, “they need to sketch and measure a jobsite.” In measuring a jobsite, they may need to “traverse up hills to measure for steps and/or walls.” In addition, some backyards might not be landscaped, may have just dirt and gravel, may be active construction sites due to a house remodel, or may have partial demolition

1 All further statutory references are to the Government Code unless otherwise indicated.

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