There are some cases that simply should not be filed. And there are some cases that not only should not be filed, they should not be tried before a jury. And when those cases are tried before a jury with disastrous results, those cases that should not have been filed or tried should definitely not be appealed.
This is one of those cases.
Rick Johnson, Jr. worked as a sales person for Pacific International Bearing, Inc. Johnson lied on his application about his education. He was hired, based in part, on his lie.
After Johnson was hired, he became a nightmare employee, which means he is also a nightmare plaintiff. For example, Johnson never met his sales goals. He took time off ostensibly to visit dying uncles and funerals (welcome to junior high!). He claimed he was injured at work even though he did not report the “injury” until the day he was fired, some four months later.
Johnson was also an illiterate smart aleck in emails to his boss. For example, in an email response about new evaluation procedures, Johnson wrote:
“In the future I wouldn’t mind it being Marj I like her, but at the moment she don’t no [sic] boo about me or what I’m bringing to the table or what I have done for the last 1–in a half [sic] while employed at [Pacific]. [¶] You must remember Chief, my last job I went 4–years with no pay increase and I will never go down that road again. [¶] So for now it’s all you Daddy–O….”
Not only does this email graphically and painfully show that Johnson lied about his education, Daddy-O should have fired Johnson on the spot. (Yes, even plaintiff’s attorneys like me have soft spots in their hearts for employers who have to put up with crap like this from employees!)
Johnson sued under FEHA and lost. I won’t bore you with all the details here, because you might as well read it for yourself.
Luckily for Johnson, the opinion is not a published opinion, but unluckily for Johnson, in the Internet Age, these opinions are available for all to read, including future prospective employers.
As I said upstairs, some cases should not be filed, tried and appealed.
Rick Johnson, Jr. v. Pacific International Bearing, Inc., 2012 WL 6706169.