Those who work in other states for employers doing business in California sometimes assert claims against their employers under California’s uniquely employee-friendly laws.
In Saberin v. Alation, Inc., the California court of appeal recently addressed a proliferating version of that tack: “The growth in remote work spurred by the pandemic is well-documented. We now confront one of the many issues created by that growth: When do California’s employment laws protect remote workers who are terminated by employers with their ‘principal offices’ in California?”
Pejman Saberin had been working remotely from Utah as an engineer for California-based enterprise software company Alation since 2021. In October 2023, Saberin was arrested in Florida while returning from vacation. Saberin had his sister email Alation to ask for additional time off. The email to Alation said Saberin had been injured in an accident. Alation’s research uncovered the arrest.
Alation Vice Presidents Daniel Rose and Christos Mousouris decided to terminate Saberin’s employment soon after his release from detention “because of his unapproved absence and his dishonesty in communicating the reason for his absence.” Rose and Mousouris made the decision to terminate Saberin while the two men were in Illinois, though Mousouris normally worked from home in California. Senior human resources employee Liz Laber, who performed her work from California, provided input into the decision and communicated the decision to...
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