Hon. Jamoa A. Moberly

EMPLOYMENT

​Representative Cases

• Dispute arising from termination of long-term commissioned, high earning sales persons by credit card processing sales company after they refused to sign a broad non-compete and nondisclosure agreement. The sales persons were locked out and personal property retained in response. Shortly afterward, the employees were fired and management brought a claim for misappropriation of trade secrets which the employees countered with wrongful termination, Labor Code violations, Business and Professions 17200 claims and underpayment of wages.
  
  
• Dispute arising from unionized employee accountant’s claims of discrimination due to employer’s failure to engage in interactive process regarding deficient performance after promotion. Matter involved major depression and other psychological conditions. Returning employee to prior position where he was successful was not made available.
  
  
• Dispute arising from termination of field claims adjuster due to customer survey responses after the adjuster returned to work following heart attack and had been assigned a different territory. Employer asserted the responses had been altered by employee. Employee asserted employer failed to engage in the interactive process and to make reasonable accommodation. Employee sought punitive damages along with loss of earnings due to coerced publication of grounds for termination to prospective employers.
  
  
• Dispute arising from police dispatcher claim of hostile workplace, discrimination due to sexual orientation and disclosure of privileged worker compensation psychotherapy records among co-workers. There were claims of retaliatory actions by her employer. The privileged records included details about the domestic relationship, foreclosure on the home and cancer scare.
  
  
• Dispute arising from retaliatory discharge arising from complaints of a hostile workplace on grounds of racial discrimination and sexual innuendos/harassment.​
  
  
• Dispute arising from company’s refusal to pay legally blind highly successful sales person and interference with prospective business advantage. Issue of independent contractor status and whether company’s loan to him was usurious. Sales person claimed unfair competition by company in selling product below cost to compete with him.
  
  
• Dispute arising from alleged misappropriation of trade secrets after some employees left and set up a competing business in an office configured the same as employer.
  
  
• Dispute arising from restaurant manager’s claim for unpaid wages based on records maintained by the employee over long period of time. Potential language barrier. Issues arose after termination.
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• Dispute arising from employer’s demands that salon employees speak English among themselves when in the presence of customers. Claims of hostile work environment and racial discrimination.

Judge of the Orange County Superior Court (Ret.)