Embury
Embury v. King
Opinion
Opinion
Wilken, J.
ORDER DENYING MOTION TO DISMISS
Defendants move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Stephen Embury opposes the motion. The matter was heard on October 26, 2001. Having considered all of the papers filed by the parties and oral argument on the motion, the Court DENIES the motion (Docket # 36).
BACKGROUND
From approximately 1985 to December 31, 1999, Plaintiff Stephen Embury was employed as an Associate Professor in Residence at the University of California, San Francisco, School of Medicine. Plaintiff contends that his employment at UCSF was governed by the same terms and conditions as the employment of tenured faculty at the University, including the right not to be terminated arbitrarily and the right to a full evidentiary hearing before termination of employment.
In January, 1998, a researcher in Plaintiffs laboratory filed an internal complaint against him alleging sexual harassment.
In April, 1998, Defendant King unilaterally reduced Plaintiffs salary by twenty-five percent. In May, 1998, Defendant King informed Plaintiff that, effective June 30, 1998, Plaintiff was required to step down from his position as Head of Hematology…