Relevant CASE LAWS
Posted on Dec 15, 2015 11:25am PST
Arbitration Agreements-
On December 14, 2015, the US Supreme Court issued its opinion in DirectTV
v. Imburgia, reversing a California Court of Appeal’s refusal to
enforce a consumer arbitration agreement containing a class action waiver.
The DirectTV case is yet another favorable Supreme Court case supporting
the enforceability of arbitration agreements and class action waivers,
despite California courts’ repeated attempts to find ways to invalidate
the enforceability of these agreements on their terms.
In Prue v. Brady Company, the California court held that a plaintiff who
suffered a work-related injury and subsequently was fired stated a valid
legal claim against the employer for wrongful termination in violation
of public policy. The employer argued that the plaintiff’s claim
was invalid because it effectively was a Labor Code section 132a retaliation
claim that could only be brought before the Workers’ Compensation
Appeals Board, not in court. The court disagreed, reasoning that the plaintiff
adequately alleged that he was wrongfully terminated for having a disability,
in violation of the public policy of the Fair Employment and Housing Act,
and therefore the claim was not barred by the doctrine of workers’
compensation exclusivity. The court also held that a wrongful termination
in violation of public policy claim is governed by a two-year statute
of limitations and not by the statute of limitations applicable to FEHA
claims. This decision confirms that employees who claim they have been
fired for reasons relating to a work compensation injury can sue their
employer in court and seek punitive damages and are not limited to filing
Labor Code 132a claims before the Workers’ Compensation Appeals Board.
If you are in industries with cheerleaders, grocery workers or truck drivers
there are additional new laws you should contact us about.
This is also your reminder that your employee handbook should be reviewed
and revised for any changes in the law or your company policies this last year.
Contact the attorneys at Merhab Robinson, Jackson & Clarkson to revise
and update company handbooks and agreements to ensure compliance with
these new laws.