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| Case Name | Faust v. California Portland Cement Company | |
|---|---|---|
| Date | 05/10/2007 | |
| Note | Employee provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA, and that the employer did not give notice to employee of his right to leave under the CFRA, leading to the reversal of a decision in favor of the employer. | |
| Citation | 150 Cal. App. 4th 864 | |
| WCC Citation | WCC 32232007 CA |
Ct. No. BC321660) MICHAEL FAUST, Plaintiff and Appellant, v. CALIFORNIA PORTLAND CEMENT COMPANY, Defendant and Respondent. 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). Bill Buchanan, a fellow employee who was supposed to drive Faust to the work site, did not pick up Faust, requiring Faust to walk to the site. However, the issue here is not whether Faust duly requested leave -- Portland admitted Faust "provided verbal notice sufficient to make [Portland] aware he needed leave pursuant to the California Family Rights Act. "In any event, Faust presented evidence that Portland did not contact any of the persons designated by Faust and that Portland did not pursue any accommodation of Faust's disability.
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