NYGÅRD, INC., et al., Plaintiffs and Appellants, v. TIMO UUSI-KERTTULA et al., Defendants and Respondents., 159 Cal. App. 4th 1027

Summary

In the magazine interview, the employee stated that working for the employer was "horrible," that he felt used, that he endured around-the-clock pestering, and that he worked like a slave without a break. The court held that the interview was a protected activity because magazines were public fora within the meaning of § 425.16, subd. (e)(3), and the statements concerned an issue of public interest. There was evidence of extensive interest in the company's owner, a prominent businessperson and celebrity of Finnish extraction, among the Finnish public that the magazine served. The court also held that the employer failed to establish a probability of prevailing. As to the contract-based claims, the employee's disclosures did not violate the terms of a confidentiality provision, given that they concerned only the employee's personal experiences, not sensitive economic information such as trade secrets, financial data, customer information, or information about other employees. As to a ...