What is the test for determining whether a claim against an employer can be treated as an ordinary dispute between an employer and employee?
California, United States of America
The following excerpt is from Barbosa v. Impco Technologies, Inc., 101 Cal. Rptr. 3d 923, 179 Cal.App.4th 1116 (Cal. App. 2009):
to an ordinary dispute between the employer and employee depends on whether the matter affects society at large, whether the policy is sufficiently clear, and whether it is fundamental, substantial, and well established at the time of the termination. [Citation.]" (Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.4th 702, 708 [96 Cal.Rptr.3d 159].)
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