We secured a published victory at the California Court of Appeal in an anti-SLAPP appeal, preserving our client's right to pursue serious employment claims at trial.
What an Anti-SLAPP Motion Is, and Why Employers Love Them
SLAPP stands for "Strategic Lawsuit Against Public Participation." The California anti-SLAPP statute was originally designed to let defendants quickly dismiss cases that targeted protected speech or petitioning activity. But over the years, defense lawyers have stretched the statute aggressively, using it to try to wipe out employment lawsuits, including discrimination and harassment claims, before the worker ever gets to court.
If an anti-SLAPP motion is granted, the case is over. Worse, the worker may be ordered to pay the employer's attorney's fees. It is one of the most weaponized procedural tools in California civil practice.
What Happened in Our Case
Our client brought claims arising out of a hostile work environment and related employment violations. The employer's defense team filed an anti-SLAPP motion arguing that core elements of our case targeted "protected activity", workplace communications they framed as petitioning conduct.
The trial court denied the motion. The employer appealed. We briefed and argued the appeal, and the Court of Appeal affirmed, confirming that our client's claims do not arise from protected activity and that the case will proceed to discovery and trial on the merits.
Why This Result Matters Beyond Our Client
Anti-SLAPP appeals are dispositive. A reversal would have ended a serious employment case before it ever reached a jury. The affirmance also reinforces what a number of California appellate decisions have been saying with increasing clarity: employment cases generally arise from employment conduct, not from protected speech, and defense lawyers cannot use the anti-SLAPP statute as a backdoor to dismissal.
For workers across California, every published decision that holds the line on anti-SLAPP abuse makes it a little easier for the next person in the same position to have their day in court.
What's Next
The case now returns to the trial court for discovery and, ultimately, trial. We are continuing to litigate aggressively on behalf of our client.
If you have an employment matter, discrimination, harassment, retaliation, wrongful termination, and you're not sure where to start, contact us for a confidential consultation.
Have a similar situation? Talk to a real attorney. Free, confidential, in English, Español, or Հայերեն. Call (747) 777-5977 or send a message.