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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4 cases

AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.

November 1, 2018
The employee-non-solicitation provision was void under section 16600 because it restrained the individual defendants — recruiters whose profession is recruiting and placing nurses — from engaging in their chosen profession; applying Edwards, the court declined to use the older “reasonableness” analysis and held such…

Edwards v. Arthur Andersen LLP

August 7, 2008
Section 16600 voids contracts that restrain anyone from engaging in a lawful profession, trade, or business; Edwards’s noncompetition agreement was therefore invalid. California does not recognize the federal courts’ “narrow-restraint” exception — even a limited or partial restraint on practicing one’s profession is…

Gattuso v. Harte-Hanks Shoppers: § 2802 Expense-Reimbursement Methods

November 5, 2007
Harte-Hanks paid outside sales representatives higher salaries and commission rates than inside representatives and treated the difference as reimbursement for their automobile expenses. The California Supreme Court held the practice permissible in principle, but only where the employer establishes a means to identify which portion of overall compensation is intended as reimbursement and that portion fully covers expenses actually and necessarily incurred. Section 2804 bars any agreement that waives full reimbursement – a holding that unravelled the trial court's denial of class certification.

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.