California Court of Appeal

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Richey v. Autonation, Inc., B234711

In plaintiff's suit against his former employers for being terminated from his job four weeks before the expiration of his approved medical leave under the Moore-Brown-Roberti Family Rights Act (CFRA), trial court's decision confirming an arbitrator's award, in denying plaintiff's CFRA claim based on the so-called honest belief or honest suspicion defense, is vacated and remanded where: 1) the honest belief defense accepted by the arbitrator is incompatible with California statutes, regulations and case law and deprived plaintiff of his unwaivable statutory right to reinstatement under section 12945.2(a); and 2) this clear legal error abridged plaintiff's statutory rights under CFRA - rights based on, and intended to further, an important public policy.

Appellate Information

  • Decided 11/13/2012
  • Published 11/13/2012

Judges

  • Perluss

Court

  • California Court of Appeal

Counsel

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