After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]
If Class Proceedings Are Waived In An Arbitration Agreement, Arguments Under Public Policy Or Unconscionability Will Not Prevail.
Citing AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], and noting that the United States Supreme Court made it clear that states cannot require a procedure that interferes with fundamental attributes of arbitration, the California Supreme Court addressed whether a state’s refusal to enforce a waiver of class proceedings on grounds […]
Following The Rules Set At The Beginning Of The Arbitration Game.
When Bloomingdales hired plaintiff, she received a set of documents including advisement that its policy was to resolve disputes through arbitration unless she returned an enclosed form within 30 days electing, as the form put it, “NOT to be covered by the benefits of arbitration.” Plaintiff thereafter filed a class action against Bloomingdales for unpaid overtime […]
Employee’s Evidence That Failure To Perform Job Task Was Not Important — Is Rejected.
Plaintiff was terminated after failing to perform an important annual report for three years in a row. In the ensuing wrongful termination action, the employer moved for summary judgment, and plaintiff produced expert evidence that the failure to perform the important job function did not harm the employer. The trial court granted summary judgment. The […]
A Promise Is A Promise For A Job With A State Agency.
Plaintiff responded to a public announcement for a job with a state agency. He was offered the job and accepted, but the Friday night before he was told to report, he was notified the position had been eliminated. He brought an action for damages to recover the expenses he incurred, and the trial court granted […]
Trial Court Erred In Decertifying Class Action.
After granting class certification against a retail chain that did not supply chairs to its cash register employees, the trial court granted the chain’s motion for decertification. The appellate court reversed, stating: “We conclude that, under the analytic framework promulgated by Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, [273 P.3d 513, 139 […]
Arbitration Agreement Found Unconscionable [“Nothing in fine print is ever good news.” Andy Rooney].
Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]
Tentacles Of Bank Failure Reach Wrongful Termination Case.
When a bank failed, the Federal Deposit Insurance Corporation [FDIC] promptly published notices informing creditors where, when and how to file claims against the failed bank. Six months after the end of the time to file a claim, plaintiff filed his wrongful termination action against the failed bank. The takeover bank successfully moved to compel […]
Right To Retreat Back To Nonmanagerial Position After Being Fired From Managerial Position.
After working for a state university for more than 20 years in a nonmanagerial position, plaintiff was hired as a manager. Things did not work out, and she was fired. She brought an action against the university. Prior to trial, the trial court granted defendant’s summary adjudication of issues on plaintiff’s contention she had a […]
Employer Says He Was Not An Employee And Doesn’t Pay Him, And Insurance Company Gets Off Because The Trial Court Said He Was An Employee.
Appellant is one of two truck drivers paid a lump sum for a cross-country haul. While appellant was sleeping, the other driver was in a one-vehicle accident, and the truck company refused to pay the lump sum because he did not finish the trip. The company also informed him he was not eligible for worker’s […]
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