What if the cases are not amenable to settlement?

Assuming resolution of the 132(a) action and the FEHA claim is impossible, consideration should be given to bringing the 132(a) claim to trial as early as possible.  It is felt that trial of a discrimination or termination action is more likely to be favorable to the employer since it is heard by a judge rather than a jury of the employee’s peers.  A favorable finding by the Workers’ Compensation Judge may be determinative of the issues in the civil arena under the doctrine of res judicata.

Conclusion

The Moorepark case has generated issues which are of great importance to employers.  These issues for the employers require coordinated handling in all forums to minimize the overall liability of the employer.