California Employment Law Update

Tag Archives: release

Urging Other Employees To Quit And Sue Employer Is Protected Conduct Under Anti-SLAPP Statute

Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018) Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel … Continue Reading

Employee’s PAGA Action Barred by Prior Class Action Settlement

On October 22, 2010, the California Court of Appeal in Villacres v. Abm Industries Inc., No. B219584, __ Cal. App. 4th __ (2010) rejected an attempt by a settling class member to use the California Private Attorney Generals Act (PAGA) to bring successive claims for civil penalties against his former employer, from whom he had … Continue Reading

Customer Non-Solicitation Covenants Violate Public Policy Against Non-Competes

Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008) CPA Raymond Edwards II was hired in 1997 as a tax manager for the Los Angeles office of the now defunct accounting firm Arthur Andersen LLP (“Andersen”). As a condition of his employment, Edwards was required to execute a noncompetition agreement that prohibited his (1) … Continue Reading

Release Enforced As To Defamation And Overtime Claims – But Not Claim Under USERRA

Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading

Release Agreement May Not Have Barred Later Discrimination Claims

Butler v. The Vons Companies, Inc., 140 Cal. App. 4th 943 (2006) While working as a stock clerk for Vons, Sheldon Butler signed a “Compromise and Release Settlement Agreement” arising from an altercation that Butler had with a co-employee. Approximately two years later, Butler filed unrelated claims alleging employment discrimination and violation of Business & … Continue Reading
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