Appellate Court Rulings in Employment Contract Cases

Case Scribner v. Worldcom
Cite 2001 Daily Journal D.A.R. 4467
Summary
of Ruling 		Firing employees to facilitate sale of a division of the company may violate an employment contract.

Case Advanced Bionics Corp. v. Medtronic
Cite 87 Cal. App. 4th 1235
Summary
of Ruling 		Employment agreements which prevent the employee from going to work at a competitor of the employer are generally against the public policy of the State of California.

Case Jefferson v. California Department of Youth Authority
Cite -
Summary
of Ruling 		When an employee signs a general release in a worker's compensation case, that release applies to potential future sex discrimination claims. This means that an employee who settles a worker's compensation case must be very careful not to sign a "general release" that releases the employer from all liability. Otherwise, that employee will be barred from bringing other claims against the employer in the future, such as those for sex discrimination.

Case Clayton-Brame v. Superior Court
Cite CA 2nd No. B136679
Summary
of Ruling 		Claims for failure to promote must establish that the employee-candidate was qualified for the promotion and reasonably expected to be selected for it.

Case Geig v. Howarth
Cite 2001 Daily Journal D.A.R. 3211
Summary
of Ruling 		A "finance writer" is not exempt employee for the purposes of over-time. That employee still must be paid over-time.