Faust

Plaintiff and appellant Michael Faust (Faust) appeals a judgment following a grant of summary judgment in favor of his former employer, defendant and respondent California Portland Cement Company, a California corporation (Portland).

The gravamen of this action is Faust’s claim he was terminated in violation of his right to medical leave under California’s Moore-Brown-Roberti Family Rights Act (CFRA) (Gov. Code, § 12945.2), a part of the California Fair Employment and Housing Act (FEHA) (§ 12900 et seq.).

From the extensive papers on summary judgment, we glean a few key facts. First, there is nothing in the separate statements of undisputed facts to indicate Portland posted notice or gave notice to Faust of his leave rights under the CFRA. (Cal. Code Regs., tit. 2, § V297.9.) The separate statements establish that Portland’s human resources manager admitted she never informed Faust of any right he may have had to leave under the CFRA. The separate statements further establish (1) the employer admitted that Faust “provided verbal notice sufficient to make [the employer] aware that he needed leave pursuant to CFRA”; and (2) the employer admitted the work status report of…