Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), the appellate court concluded that what the doctor contended was a “continuous course of conduct” was actually a series of events “each bearing little relationship to the other.” The appellate court did not find the transfer part of progressive discipline.

The appellate court concluded the actions taken against the plaintiff were by different persons. The court ruled that the involuntary transfer was not an adverse employment action because it did not entail a demotion, reduction in pay or loss of benefits.

In plaintiff doctor’s relationship with the staff had deteriorated to such an extent that the doctor took leave for a year.  The Department presented a legitimate reason for her transfer including her poor relationship with the staff, and the doctor was unable to provide sufficient evidence of pretext.