Tuesday, January 22, 2019

Employee-ish Enough for Armendariz

Ramos v. Superior Court, No. A153390 (D1d1 Nov. 2, 2018)

The Court of Appeal holds that regardless of whether a non-equity income partner in a law firm is an employee or a partner for employment purposes, the balance of power in the relationship is employee-ish enough that the unconscionability rules that apply to FEHA and Tameny claims apply to whether she can be required to arbitrate the FEHA gender discrimination case she filed against the firm. Those weren’t followed here. So nobody is going to arbitration.


Writ granted.

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