HR director who hid that she hadn’t signed her arbitration agreement still can’t be forced to arbitrate
A California appellate court ruled that an employee who misled her employer into thinking she had signed an arbitration agreement could still refuse to arbitrate because she never signed. In Gorlach v. The Sports Club Company, the employee, a former Human Resources...
More loopholes in employee arbitration agreements
Despite recent rulings from the Supreme Court, employee arbitration agreements might not be as rock-solid as some employers believe. In Elijahjuan v. Superior Court (Mike Campbell & Associates), a California appellate court held that a narrowly-tailored...
Employees lose reporting time claim, must pay employer’s fees
That's the bad news. The only good news is, the employees who lost the case of Aleman v. AirTouch Cellular will likely have to pay less than the $140,000 each that the trial court originally ordered them to pay. In 2007, a group of employees, including Daniel Krofta...
Workers’ compensation discrimination not “wrongful termination,” court rules
An esoteric distinction, but a firm one nonetheless. In Dutra v. Mercy Medical Center Mt. Shasta, an employee sued the hospital where she worked for defamation and wrongful termination in violation of California public policy. The employee, who worked as a...
And the official “golden rule” of summary judgment is…
...never forget to file a separate statement of facts! That's the lesson from Batarse v. Service Employees International Union Local 1000, in which an appellate court upheld dismissal of a discrimination and retaliation case because the employee forgot to include a...