Alexander Godelman, Marc Le Shay v. Diskeeper Corporation: Discriminatory discharge (Case no. BC 374 449) (October 2008)

Contents

Case type

• Wrongful termination

Analyses

• May 31, 2009: Diskeeper loses on Summary Judgment motion by Scott Pilutik
• January 25, 2009: Diskeeper responds to Godelman's opposition to motion to strike by Scott Pilutik
• January 17, 2009: Godelman and Le Shay Respond to Diskeeper’s Motion to Strike by Scott Pilutik
• December 10, 2008: Former CIO sues Diskeeper claims he was fired for not participating in Scientology training by Scott Pilutik

Lawsuit documents

Documents provided by Scott Pilutik.

• January 13, 2009
  • Plaintiffs' opposition to defendant's motion to strike injunctive relief allegations and prayer (1.42 MiB)
    • Summary of opposition arguments
    • Procedural history
    • Argument
    • Conclusion
    • Declaration of Barry B. Kaufman
    • Exhibit A: Answer to second amended complaint for damages
    • Exhibit B: Defendant Diskeeper Corporation's ex parte application for order advancing trial date; Memorandum of points and authorities; Declaration of Timothy Bowles
    • Exhibit C: The Organization Executive Course by L. Ron Hubbard / HCO Division Volume I [excerpts]
    • Exhibit D: Craig Jensen's deposition [excerpts]
• December 10, 2008
  • Motion to strike (1.86 MiB)
    • Improper unjunctive remedy
    • [to complete]
• October 15, 2008
  • 3rd amended complaint (1.21 MiB)
    • General allegations
      1. Plaintiffs
      2. Defendants
      3. Doe defendants
      4. Agency relationship
      5. Nature of Diskeeper's business
      6. Hiring of Godelman
      7. Hiring of Le Shay
      8. Scientology training a condition of employment
      9. Work environment permeated with Scientology
      10. Employer failure to accomodate Godelman's request not to attend Scientology training courses
      11. Employer failure to accomodate Le Shay's request not to attend Scientology training courses
      12. Evidence of employer requirement of religious conformity
      13. Termination of Le Shay and Godelman
    • First cause of action for discriminatory discharge and failure to accomodate (religion) in violation of the Fair Employment and Housing Act
      14. Incorporation by reference
      15. Proscription against religious discrimination
      16. Prima facie case of religious discrimination
      17. Plaintiff's religion a "motivating factor" in the termination actions taken against them
      18. Other discriminatory practices
      19. Exhaustion of statutory remedies
      20. Damages/injunctive relief
      21. Emotional distress damages
      22. Attorney's fees and costs
      23. Punitive damages
    • Second cause of action for wrongful termination in violation of public policy
      24. Incorporation by reference
      25. Public policy against religious discrimination
      26. Discharge in violation of "public policy"
      27. Damages
      28. Emotional distress damages
      29. Punitive damages
    • Third cause of action for wrongful retaliation in violation of the FEHA
      30. Incorporation by reference
      31. California public policy against retaliation
      32. Retaliation in violation of FEHA
      33. Exhaustion of statutory remedies
      34. Damages
      35. Emotional distress damages
      36. Attorney's fees and costs
      37. Punitive damages
    • Fourth cause of action for wrongful retaliation in violation of labor code § 1102.5
      38. Incorporation by reference
      39. California public policy against retaliation
      40. Retaliation in violation of FEHA
      41. Damages
      42. Emotional distress damages
      43. Punitive damages
    • Fifth cause of action for failure to prevent discrimination
      44. Incorporation by reference
      45. Duty to prevent religious discrimination
      46. Failure to prevent discrimination
      47. Exhaustion of statutory remedies
      48. Damages
      49. Emotional distress damages
      50. Attorney's fees and costs
      51. Punitive damages
    • On the first cause of action
    • On the second cause of action
    • On the third cause of action
    • On the fourth cause of action
    • On the fifth cause of action
    • Demand for jury trial