By: Chelcey E. Lieber The California Supreme Court recently granted review of Richey v. Autonation, Inc., a Court of Appeal case that vacated an arbitration award in favor of the employer. The Court rejected the employer’s argument that it had an “honest belief” that an employee was misusing his CFRA/FMLA leave, and this honest belief justified… Continue Reading
Tag Archives: belief
Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
Posted in FMLA and Other Leaves of Absence, Labor LawBy: Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading
The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)
Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & HourBy: Chelcey E. Lieber Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back injury. While on leave, Toyota learned Richey was working at a restaurant he owned. Toyota dispatched an employee and a supervisor to Richey’s business, where… Continue Reading
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