How Does California’s Anti-SLAPP Law Apply to Employment Disputes? In the employment context, an employer may file an anti-SLAPP motion to dismiss after an employee alleges discrimination or retaliation based on employment decisions such as hiring, firing, or promotions
The Power of Anti-SLAPP Motions: Sept. 2023 Cases Anti-SLAPP motions are sometimes called early summary judgment motions But the fact that they are “early” is why they are so powerful: not only do they provide defendants a quick way to defend against claims that involve speech, they force the plaintiff to prove its case without any discovery
SLAPP Cases Decided by the California Supreme Court Plaintiff’s second amended complaint contained causes of action for breach of fiduciary duty, constructive fraud, negligent misrepresentation, and a claim for declaratory relief Defendant’s anti-SLAPP motion sought to strike all references to an audit by an accounting firm
California Supreme Court Holds that Employment Claims Are Subject to . . . CNN filed a special motion to strike Wilson’s complaint under the anti-SLAPP law, arguing that Wilson’s employment claims arose from CNN’s decision to fire Wilson, which CNN argued was an act in furtherance of its right to determine who should speak for it on matters of public importance
Expanding Anti-SLAPP Protection: Application to Employment . . . For Employers: Employers can now expect that anti-SLAPP motions may be applicable not only to overt defamation claims but also to employment discrimination and retaliation claims that arise from protected activities
California Supreme Court Strengthens Procedural Tool to Defend Against . . . In a recent decision, Wilson v Cable News Network, Inc et al , the California Supreme Court considered whether an ex-employee journalist’s allegedly retaliatory and discriminatory termination constituted conduct falling within the fourth category of protected activity under the anti-SLAPP statute
Using California’s Anti-SLAPP Statute in Employment Litigation It is written broadly enough to permit its use in some employment lawsuits The advantage to defendants in cases where the anti-SLAPP statute applies is that it puts the burden on the plaintiffs early in their lawsuits to provide some evidence to support their claims