RICHEY v. AUTONATION, INC.

No. S207536.

60 Cal.4th 909 (2015)

AVERY RICHEY, Plaintiff and Appellant, v. AUTONATION, INC., et al., Defendants and Respondents.

Supreme Court of California.

January 29, 2015.


Attorney(s) appearing for the Case

Scott O. Cummings for Plaintiff and Appellant.

Law Office of David J. Duchrow, Duchrow & Piano and David J. Duchrow for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

The deRubertis Law Firm, David M. deRubertis , Helen U. Kim ; Pine & Pine and Norman Pine for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Snell & Wilmer, Richard A. Derevan , Christopher B. Pinzon , Frank Cronin , Erin Denniston Leach and Todd E. Lundell for Defendants and Respondents.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

An employer terminated an employee who was absent on approved medical leave, but engaged in outside employment in violation of company policy. After an 11-day arbitration hearing, the arbitrator relied on the federal "honest belief" defense and rejected the employee...

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