Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
No Attorney Fees.
Employer settled case with employees who contended they were not given rest breaks required by Labor Code §227.7. The California Supreme Court decided “the most plausible inference to be drawn . . . is that the Legislature intended Labor Code §226.7 claims to be governed by the default American rule that each side must cover […]
Arbitration Award For Employer Set Aside.
An employment agreement containing an arbitration clause stated “this Agreement can be amended, modified, or revoked in writing by the Company at anytime.” The trial court granted the motion to compel arbitration. The plaintiff not only failed to prevail at arbitration, but was ordered to pay the employer over $40,000 for its attorney fees and […]
Employees Who Work Through Meal Periods Not Entitled To Compensation.
The California Supreme Court addressed the nature of an employer’s duty vis-à-vis meal breaks in wage and hour cases: “[W]e conclude an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires, but the employer need not […]
Wrongful Termination Claim Against Hospital Dismissed.
Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
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