Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement...more
The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more
Proving discrimination – or the absence of it – is a tricky proposition at its core and there can be more twists and turns than a roller coaster. What happens when an employee is fired for both legitimate and discriminatory...more
The Federal Circuit recently denied a request for rehearing en banc in the matter of Commil USA, LLC v. Cisco Sys., Inc., in a 6-5 vote of the participating judges. 2013 U.S. App. LEXIS 21713 (Fed. Cir. Oct. 25, 2013)...more
In this en banc decision, the Delaware Supreme Court held that where the contractual standard of conduct contained in a limited partnership agreement requires a belief that a decision or other action by the managers is in the...more
Termination and other adverse employment actions often give rise to claims of intentional discrimination and other litigation. In many cases, the issues will boil down to an assertion that the facts supporting the employer’s...more
In This Issue:
- FEATURE ARTICLES
Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and
Honest Belief Inadequate Defense In CFRA Interference Claim.
- NEWS BITES
Avery Richey v. AutoNation, Inc. et al.
Court of Appeal, Second District (November 13, 2012)
This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more
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