Important Employment Cases Pending Review for June 2006

Green v. State
Whether California law requires an employee to prove he or she is qualified to perform the job in question as part of the employee's prima facie case.

Smith v. Superior Court of Los Angeles (L'Oreal USA, Inc)
Whether an employee who is hired for an agreed-upon period of time such as a one day project has been "discharged" within the meaning of Labor Code section 201 and is thus entitled to waiting time penalties.

Dore v. Arnold Worldwide, Inc.
Is extrinsic evidence as to the parties' interpretation of the contract admissible where an employment contract states "your employment with [the employer] is at will" and "this simply means that [the employer] has the right to terminate your employment at any time"? The 2nd District's found in favor of the plaintiff, finding it was reasonable for Plaintiff to assume that he could only be terminated for cause where the contractual language did not reference "cause" or contain an integration clause and he was placed on a 90-day probationary period, which he completed.

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