King

King v. United Parcel Service, Inc.

Good Law
152 Cal. App. 4th 426·2007 Cal. App. LEXIS 1027·60 Cal. Rptr. 3d 359
Court of Appeal of CaliforniaMay 23, 2007C051657California7,049 words

Opinion

Opinion

Raye, J.

This case is not about whether a long-term supervisory employee of United Parcel Service, Inc. (UPS), asked or encouraged a driver to falsify a timecard to bring it into compliance with federal regulations limiting driving time, but whether UPS had an honest, good faith belief that the driver had violated its integrity policy when it fired him. There is no dispute the driver did falsify his timecard. The falsification occurred in mid-December 2002, about two months after plaintiff Richard King returned to work following a four-month medical leave of absence for a blood disorder. Finding no triable issues of material fact, the trial court granted UPS’s motion for summary adjudication of plaintiff’s causes of action for discrimination, failure to provide reasonable accommodation, breach of an implied contract to terminate only for good cause, and defamation. We affirm.

FACTS

The determinative question in an appeal from a summary judgment is whether there are any material facts in dispute. Consequently, our preliminary recitation of “the facts” will present the undisputed facts from the moving party’s perspective. Then, as we analyze the viability of each of the causes of…

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