California Employment Law: Anatomy of a Court of Appeal Case

Jun 5, 2013 · Employment law changes through two primary methods: legislation and appellate court decisions. However, reading and interpreting either a new law or new case decision is usually more complicated than it seems at first. An appellate court's written decision in a case …

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Pretext And Age Discrimination - California Employment

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Sep 6, 2016 · A California Court of Appeal recently upheld an award of $16 million against Staples for age discrimination in a case called Nickel v. Staples. The majority of that award ($13 million …

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FAQs about California Employment Law: Anatomy of a Court of Appeal Case Coupon?

Why did the California Unemployment Insurance Appeals Board dismiss Johar's case?

The California Unemployment Insurance Appeals Board (CUIAB) affirmed. After Johar sought judicial review, CUIAB confessed error for failing to consider new evidence discovered by Johar while the administrative appeal was pending. The court dismissed the case without reaching the merits. The court of appeal reversed. ...

Why did cuiab rescind a case pending judicial review?

After Johar sought judicial review, CUIAB confessed error for failing to consider new evidence discovered by Johar while the administrative appeal was pending. The court dismissed the case without reaching the merits. The court of appeal reversed. Johar was entitled to relief on the existing record. ...

Can a cuiab remand a decision based on new evidence?

The court remanded with directions that the CUIAB either take the new evidence into account directly, or remand to the ALJ to “make new findings of fact” and issue “new reasons for decision” “in light of such evidence.” (Id. at p. 146.) ...

Is there evidence that a claimant contacted the employer?

“There is no evidence,” the CUIAB found, that “the claimant made any attempts to contact the employer in the period between her last day of work and her applying for benefits.” The CUIAB was also unmoved by the newly discovered evidence proffered by the Hastings Clinic. It explained, “We do not think that the additional evidence is relevant. ...

How did Johar win the California Unemployment Insurance Appeals Board?

California Unemployment Insurance Appeals Board, supra, 54 Cal.App.5th 127. That gave Johar a narrow procedural victory—vacatur of the CUIAB’s merits, reimbursement and penalty decisions, entry of a judgment of dismissal, and remand for reconsideration—but one that left her eligibility for unemployment benefits unaddressed. ...

What counties does California appeals court serve?

California's appeals court is divided geographically into six districts. The counties served are listed below each district. We serve Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma counties. We serve Los Angeles, Ventura, San Luis Obispo, and Santa Barbara counties. ...