Workers’ Compensation
Ca. Workers' Comp. Quarterly Vol. 35, No. 3, 2022
Content
- Cannabis and Comp
- Collateral Estoppel and the Impact of a Labor Code Section 132a Trial Decision on FEHA Claims: An Analysis of Kaur v. Foster Poultry Farms
- Cumulative Index
- In This Issue
- Know Your Burden
- MSAs: To Submit or Not Submit?
- Note from the Editors
- Workers' Compensation Section 2022-2023 EXECUTIVE COMMITTEE ROSTER
- No-Rehire Clauses: Employers Take Care!
No-Rehire Clauses: Employers Take Care!
BRITTANY H. ROTHE-KUSHEL, ESQ.
LOS ANGELES, CALIFORNIA
A no-rehire clause requires former employees to refrain from applying for or seeking employment or reemployment and to waive any such right. However, California employers generally need to avoid using "no-rehire" language in employee separation agreements, voluntary resignations and general releases.
In October 2019 Governor Newsom signed into law Assembly Bill 749, which added section 1002.5 to the California Code of Civil Procedure. This section affects settlement agreements, including those in California workers’ compensation and employer disputes. Under this section, employers are prohibited from including no-rehire provisions in resolving employment disputes with any individual considered to be an "aggrieved person."