Opinion

Ralph B. Mundy v. Household Finance Corporation

  • 885 F.2d 542
  • 51 Empl. Prac. Dec. (CCH) 39,315
  • 50 Fair Empl. Prac. Cas. (BNA) 1303
  • 1989 U.S. App. LEXIS 13485
  • 1989 WL 101573
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 6, 1989
Status
Published
Author
Reinhardt
On the bench
Poole, Reinhardt, Kozinski
Cited by
47 cases

holding that the trial court did not abuse its discretion in holding that Rule 408 excluded evidence that an employer sought a release of discrimination claims in exchange for $25,000 where the offer was not made contemporaneously with the employee’s termination, but rather three weeks after discharge, and at a time when the former employee had already received three months severance pay and other benefits

How later courts described this case

  • holding that the trial court did not abuse its discretion in holding that Rule 408 excluded evidence that an employer sought a release of discrimination claims in exchange for $25,000 where the offer was not made contemporaneously with the employee’s termination, but rather three weeks after discharge, and at a time when the former employee had already received three months severance pay and other benefits
  • finding that the district court did not abuse its discretion in excluding a release agreement, where the offer was made three weeks after termination and plaintiff by then had retained counsel
  • stating that the relief available for breach of the implied covenant of good faith and fair dealing under California law is limited to traditional contractual type remedies
  • excluding proof, in a discrimination suit, that defendant offered money for outplacement services three weeks after termination when plaintiff had received severance pay and other benefits, and hired counsel but not filed claims

Written by the judges who cited it.

The opinion

REINHARDT, Circuit Judge:

I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.