Davis v. Farmers Ins. Exchange
Annotate this CaseAppellant filed suit against Farmers, contending that as a district manager for Farmers he had been wrongfully classified as an independent contractor rather than an employee, that he had been wrongfully terminated, and that Farmers had failed to pay wages due during and at the termination of his employment. Appellant asserted a common law claim, but did not assert a claim under the Fair Employment and Housing Act (FEHA), Gov. Code, 12940 et seq. While this case was pending, the California Supreme Court issued its opinion in Harris v. City of Santa Monica. Harris held that where an employee supports a FEHA claim by establishing that an illegitimate criterion was a substantial factor in the adverse employment decision at issue, the employer may avoid liability for damages by establishing that it would have made the same decision without the wrongful motivation. However, other remedies might be available to a plaintiff, such as declaratory relief, injunctive relief and attorney fees. The court concluded that the trial court did not err in giving the Harris instructions in this case or in denying appellant alternative relief when the jury rejected his claim for damages. The court concluded, however, that appellant presented sufficient evidence to allow his wage claim to go to the jury. Therefore, the court reversed and remanded for retrial. The court otherwise affirmed.
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