Arbitration Decision Vacated Due To Mistake Of Law.

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 accepted by the arbitrator is incompatible with California statutes, regulations and case law and deprived [the plaintiff] of his unwaivable statutory right to reinstatement under [Government Code] section 12945.2, subdivision (a). This clear legal error abridged [the plaintiff’s] rights under Moore-Brown-Roberti Family Rights Act [CFRA]—based on, and intended to further, an important public policy.” Richey v. Autonation, Inc.   (Cal. App. Second Dist., Div. 7;  November 13, 2012) 210 Cal.App.4th 1516.