McDANELD

McDaneld v. Eastern Municipal Water District Board

Good Law
109 Cal. App. 4th 702·135 Cal. Rptr. 2d 267·2003 Cal. App. LEXIS 844·8 Wage & Hour Cas.2d (BNA) 1353·84 Empl. Prac. Dec. (CCH) 41,442
Court of Appeal of CaliforniaJune 10, 2003E032426California1,782 words

Opinion

Opinion

Gaut, J.

1. Introduction

Ronald McDaneld appeals from a judgment denying his petition for a peremptory writ of mandate, by which he sought reinstatement of his employment with the Eastern Municipal Water District. On appeal, his primary argument is the water district retaliated against him for exercising his rights for family and medical leave as provided by California and federal law.

We affirm the judgment on the grounds that the water district could properly terminate McDaneld when it reasonably believed he was misusing his family leave and then was untruthful during the subsequent investigation.

2. Factual and Procedural Background

We reviewed this matter in a previous appeal (McDaneld v. Eastern Municipal Water Dist. Bd. (Jan. 10, 2001, E027393) [nonpub. opn.]). We repeat the salient facts as described there and in the administrative record.

The water district first employed McDaneld as a mechanic in September 1996. In July 1997, he received a positive annual evaluation.

In October 1997, the water district first denied, then approved, McDaneld’s request for family leave to care for his child. The water district also placed McDaneld on a performance improvement plan.

In…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.