Jadwin v. County of Kern (Summary)

EMPLOYMENT LITIGATION

Jadwin v. County of Kern, No. 1:07-CV-00026-OWW-DLB (E.D. Cal. Apr. 8, 2009)

The U.S. District Court for the Eastern District of California granted and denied summary judgment on 21 different claims arising out of a series of events that occurred at the defendant county hospital beginning in 2005. Plaintiff, the former Chair of Pathology at the hospital, brought several claims against the hospital after his removal from the chairmanship position and the non-renewal of his employment contract. The plaintiff brought five counts of alleged violations of the California Fair Employment and Housing Act, two counts of alleged violations of the Family and Medical Leave Act, and a Section 1983 claim by which he asserted deprivation of due process in connection with his removal from the chairmanship, his reduction in pay, non-renewal of contract, and placement on paid administrative leave.

The plaintiff had to take an extended medical leave from work after he felt that several members of the medical staff were harassing him because of his criticism of certain quality standards at the hospital. Following this, the plaintiff was removed from his chairmanship by vote. Subsequently, in light of his removal from the chairmanship, the plaintiff executed an amendment to his employment contract, which reduced his base salary. Finally, plaintiff was involuntarily placed on paid administrative leave pending resolution of a personal matter until his employment contract expired. His contract was not renewed.

Plaintiff attributed these events to illegal motives that he claimed violated federal and state laws. The court, in evaluating each of the plaintiff’s claims, both granted and denied motions for summary judgment made by defendant and plaintiff.