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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6 cases

Hanson v. Lucky Stores: Finite Leave as a Reasonable Accommodation

August 13, 1999
Affirming summary judgment for the employer, the Court of Appeal held in the published portion of this opinion that a finite leave of absence can be a reasonable accommodation under FEHA, “provided it is likely that at the end of the leave, the employee would be able to perform his or her duties.” On undisputed facts the employer had accommodated its injured meatcutter twice — sixteen months of leave (nearly double the CBA's nine) and an offer of a vacant part-time position — so it need not also furnish the hand brace and other measures the employee preferred. The interactive-process discussion has since been overtaken by the Legislature's addition of an independent interactive-process duty (Gov. Code, § 12940, subd. (n)).

Ramirez v. Yosemite Water Co.

June 17, 1999
The outside-salesperson exemption is determined by a fact-specific inquiry into how the employee actually spends his or her time, not merely the employer’s job description or expectations; California uses its own quantitative standard (more than half the time engaged in outside sales) rather than importing the federal…

City of Moorpark v. Superior Court

August 17, 1998
Section 132a does not provide an exclusive remedy; an employee may pursue FEHA disability-discrimination and common-law wrongful-termination claims notwithstanding the availability of a section 132a remedy.

Prilliman v. United Air Lines, Inc.

January 1, 1997
Prilliman v. United Air Lines, Inc.An employer who knows of an employee’s disability has an affirmative duty to make known available, suitable job opportunities and to determine whether the employee is interested and qualified — not merely to wait for the employee to ask.Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935Parallel citation: 62 […]

Tidewater Marine Western, Inc. v. Bradshaw

December 19, 1996
The DLSE’s interpretive policies constitute regulations and are void because they were not adopted under the Administrative Procedure Act (the “underground regulation” rule); nevertheless, the agency properly exercised enforcement jurisdiction, and the IWC wage orders apply to the work at issue, so the trial court…