Meredith Oliver, an individual v. ASTRAZENECA PHARMACEUTICALS, LP, a Delaware Limited Partnership

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MEREDITH OLIVER, an individual,
Plaintiff - Appellant,
v.
ASTRAZENECA
PHARMACEUTICALS, LP, a
Delaware Limited Partnership;
ASTRAZENECA LP, a Delaware
Limited Partnership,
Defendants - Appellees.
No. 11-55912
D.C. No. 2:10-cv-03073-RGK-
AJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Argued and Submitted February 15, 2013
Pasadena, California
Before: KOZINSKI, Chief Judge, KLEINFELD and SILVERMAN, Circuit
Judges.
1. The district court properly granted summary judgment on Oliver’s claims
under the Americans with Disabilities Act (ADA), the Family and Medical Leave
FILED
FEB 26 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Act (FMLA), the California Fair Employment and Housing Act (FEHA) and the
California Family Rights Act (CFRA). Even drawing “all justifiable inferences” in
Oliver’s favor, see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986), she
didn’t show that AstraZeneca was on notice that she was disabled, or even
seriously ill, before it made the decision to fire her.
2. Oliver’s claim that her firing contravened public policy also fails.
AstraZeneca didn’t violate the ADA, FMLA, FEHA or CFRA. And even if Oliver
was fired due to her investigation into Sophia Soler’s activities, Oliver doesn’t
explain how her firing was contrary to a policy that is “fundamental,” “beneficial
for the public” and “embodied in a statute or constitutional provision.” See Turner
v. Anheuser-Busch, Inc., 876 P.2d 1022, 1032–33 (Cal. 1994).
3. Oliver’s intentional infliction of emotional distress claim is preempted by
the Workers’ Compensation Act because it is predicated on alleged misconduct
that occurred within the normal scope of her employment relationship. See Cole v.
Fair Oaks Fire Prot. Dist., 729 P.2d 743, 750 (Cal. 1987).
4. AstraZeneca didn’t breach its agreement to provide Oliver with paid
disability leave. Starting the first business day after she requested leave and ending

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on her last day on the job about two weeks later, Oliver received full pay and
didn’t have to work. Moreover, Oliver’s written offer of employment stated that
“[s]alaried employees are paid regular salary for up to six months of absence” due
to a disability. Disability pay was thus limited to periods where Oliver would be
paid “regular salary,” i.e., so long as she was employed. As of the date of her
termination, Oliver was no longer entitled to her salary and so her disability pay
stopped as well. This comports with AstraZeneca’s short-term disability leave
policy, which permits it to “suspend or deny [short-term disability leave] benefits
at any time” if an employee “terminates employment with AstraZeneca for any
reason.”
5. AstraZeneca doesn’t owe Oliver any bonus money—Oliver’s own brief
concedes that the parties settled this claim in 2011. Nor is AstraZeneca liable for
“waiting time penalties” for failing to pay sooner, as there was a “good faith
dispute” about whether Oliver was eligible for her bonus at all. See Amaral v.
Cintas Corp. No. 2, 163 Cal. App. 4th 1157, 1201–02 (2008) (internal quotation
marks omitted).

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6. Because all of Oliver’s claims regarding AstraZeneca’s allegedly
unlawful behavior fail, she hasn’t established that AstraZeneca committed an
“unlawful . . . business act or practice.” See Cal. Bus. & Prof. Code § 17200.
7. Because Oliver hasn’t established that she’s entitled to any compensatory
damages, AstraZeneca isn’t liable for punitive damages. See California v. Altus
Finance S.A., 540 F.3d 992, 1000–01 (9th Cir. 2008).
8. The district court gave Oliver an adequate opportunity to respond to
AstraZeneca’s summary judgment motion and didn’t violate any Local Rules in
doing so.
AFFIRMED.

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