Li v. Ernest Orlando Lawrence Berkeley National Laboratory6/30/2004
Petition for rehearing denied July 30, 2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Jian Hua Li appeals from a judgment that she take nothing by her complaint against the Ernest Orlando Lawrence Berkeley National Laboratory (the Laboratory) and the Regents of the University of California, entered after the court granted the Regents' motion for summary judgment.
We affirm.
BACKGROUND
On November 29, 1995, plaintiff was appointed to a one-year term position as a geological scientist in the Earth Sciences Division, working under Dr. Ki Ha Lee. Her appointment was extended to December 31, 1996, and again to February 28, 1997. On February 1, 1997, plaintiff was transferred to the Nuclear Waste Program, where she worked under Dr. Gundmundur Bodvarsson. Her appointment was extended to September 30, 1997, then to March 31, 1998, again to September 30, 1998, and finally to December 31, 1998. Plaintiff's appointment was not renewed at that time, so that her employment with the Laboratory ended on December 31, 1998.
In February 1999, plaintiff filed a grievance (later amending it) with defendants. Plaintiff claimed that she had been terminated in retaliation for reporting that her supervisor, Dr. Lee, had engaged in unlawful business activities. Plaintiff claimed that she had not been given credit for her scientific work. Plaintiff also complained that Dr. Bodvarsson habitually bothered her about her accent, underpaid her and called her "Lady Li."
In December 1999, before her grievance was considered, plaintiff filed a complaint against defendants in the superior court. Plaintiff's first amended complaint was filed on April 20, 2000, alleging causes of action for breach of contract, related contract claims, discrimination, retaliation and wrongful termination.
Plaintiff's grievance was heard in May 2001, by a hearing committee of three Laboratory scientists, none of whom had worked with plaintiff. Plaintiff, through her attorney, was involved in selecting the members of the hearing committee. Prior to the hearing, plaintiff's attorney agreed with defendants' attorney that all of plaintiff's claims should be heard in a single proceeding. They therefore prepared a joint statement of issues, expanding the scope of the administrative hearing to consider plaintiff's claims that her employment was terminated (a) in retaliation for disclosing improper governmental activity, (b) because of her gender, (c) because of her age, or (d) because of her national origin.
The committee concluded that plaintiff's grievances were unfounded. In essence, the committee found that due to plaintiff’s lack experience in the area, she was appointed as an entry level ‘scientist,’ rather than as a ‘staff scientist.’ Plaintiff was required to, but did not, make her software and/or source codes available to other members of her project team, and did not train or explain the program structure and use of the code. The committee noted plaintiff's fears that others were attempting to steal the code from her and claim credit for her work. It pointed out that there had been two investigations into plaintiff's concerns, both concluding that her concerns were unfounded.
The committee found that Dr. Bodvarsson's use of the term "Lady Li" was offensive, but it was not at all certain that Dr. Bodvarsson was aware that pl
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