• Posts by Amber Healy
    Posts by Amber Healy
    Partner

    Amber Healy has extensive experience litigating class actions and complex matters in state and federal courts throughout California. Her practice focuses on the defense of employers and management in class action ...

Ninth Circuit Voids “No Re-Hire” Provision in Settlement Agreement Between Employer and Former Employee

In Golden v. California Emergency Physicians Medical Group, et al., a divided Ninth Circuit panel held that a settlement agreement between a doctor and his former employer violated Cal. Prof. & Bus. Code § 16600 because a “no re-hire” provision of the agreement placed a “restraint of a substantial character” on the doctor’s medical practice.

Eleven states have employment laws protecting medical cannabis patients against employment discrimination. California is not currently one of them.  In 2008, the California Supreme Court held that employers could terminate employees for off-work cannabis use even if such use is for medicinal purposes and lawful under California’s medical marijuana laws. A lot has changed since the California Supreme Court decided this issue a decade ago.  California voters have since passed law legalizing recreational use of cannabis, and many California employers are wondering what rights they have to not hire and/or to terminate employees who test positive for cannabis. The California Legislature may soon clarify employer and employee rights in California vis a vis off-work cannabis consumption through Assembly Bill (“AB”) 2069, which was introduced on February 7, 2018.

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