The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

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5 cases

Miklosy v. Regents of University of California

July 31, 2008
Miklosy v. Regents of University of CaliforniaThe Whistleblower Protection Act bars a damages action against the University once it timely decides an internal retaliation complaint; a Tameny tort does not lie against a public entity or against a supervisor; and workers’ compensation exclusivity bars the related emotional-distress claim.Miklosy v. Regents of University of California (2008) […]

Gentry v. Superior Court

August 30, 2007
A class-action waiver in an employment arbitration agreement may be unenforceable where class arbitration would be a significantly more effective way to vindicate employees’ unwaivable statutory rights (such as overtime), considering factors like the modest size of individual recoveries, the risk of retaliation, and…

Dore v. Arnold Worldwide — “at will” means at any time: offer letters and the end of the implied-contract workaround

August 3, 2006
A unanimous Supreme Court holds that a signed offer letter stating employment is "at will" and terminable "at any time" is unambiguous — recruitment talk of a "long-term fix" cannot create an implied for-cause contract or support fraud reliance — with Justice Baxter (joined by Corrigan) urging reconsideration of Pacific Gas and Justice Moreno reserving "upon notice" clauses.

Discover Bank v. Superior Court

June 27, 2005
At least some class-action waivers in consumer adhesion contracts are unconscionable under California law — the “Discover Bank rule” — where the waiver is in an adhesion contract, the disputes predictably involve small amounts of damages, and the party with superior bargaining power has carried out a scheme to cheat…

Armendariz v. Foundation Health Psychcare Services, Inc.

August 24, 2000
Mandatory employment arbitration of unwaivable statutory claims is permissible only if the agreement provides certain minimum protections — a neutral arbitrator, adequate discovery, a written award subject to limited review, all types of relief otherwise available in court, and no requirement that the employee bear…