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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Filtered by: Arbitration ×Code Civ. Proc. § 1281.2 ×FEHA ×Clear all

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3 cases

Quach v. California Commerce Club: California Abrogates the Arbitration-Specific “Prejudice” Requirement for Waiver

July 25, 2024
Quach v. California Commerce Club, Inc.California abandons its arbitration-specific rule requiring proof of prejudice to establish that a party waived the right to compel arbitration; waiver is now governed by the same general contract principles — proof by clear and convincing evidence of an intentional relinquishment — that apply to any other contractual right.Quach v. […]

Ramirez v. Charter Communications: Unconscionability and the Mandatory Qualitative Severance Analysis

July 15, 2024
Charter’s mandatory arbitration agreement directed employees’ claims into arbitration while carving out the claims Charter itself would bring, compressed FEHA filing to the one-year administrative window, and made anyone who unsuccessfully resisted arbitration pay the fees incurred to compel it. The Supreme Court held all three terms substantively unconscionable — but validated the four-deposition discovery cap, disapproving the line of cases that judged discovery limits by a particular plaintiff’s later needs. On remedy, the court rejected clause-counting: severance is a qualitative, totality inquiry under Armendariz, and the refusal to enforce was reversed and remanded for that analysis.

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…
For practitioners

Practice guides

Each guide gathers and summarizes the controlling cases and authorities on a single question — a research starting point you can cite from.

Practice guideRetaliation under Lab. Code § 1102.5A practitioner’s synthesis of the controlling cases and authorities.Practice guideFEHA discrimination & the McDonnell Douglas testA practitioner’s synthesis of the controlling cases and authorities.Practice guideTermination in violation of public policyA practitioner’s synthesis of the controlling cases and authorities.Practice guideCompelling arbitration of FEHA claimsA practitioner’s synthesis of the controlling cases and authorities.Practice guideDisability discrimination & reasonable accommodationA practitioner’s synthesis of the controlling cases and authorities.Practice guideSexual harassment under FEHAA practitioner’s synthesis of the controlling cases and authorities.Practice guideOff-the-clock work & compensable hours workedA practitioner’s synthesis of the controlling cases and authorities.Practice guideMeal & rest breaks & premium payA practitioner’s synthesis of the controlling cases and authorities.Practice guideWage & hour class actions & PAGAA practitioner’s synthesis of the controlling cases and authorities.Practice guideIndependent-contractor misclassification & the ABC testA practitioner’s synthesis of the controlling cases and authorities.