Taylor Patterson, Plaintiff and Appellant v. Domino’s Pizza, LLC, Defendants and Respon — Werdegar, J…

Summary

The dissent would hold that plaintiff presented a triable issue on whether the franchisor became a joint employer of the franchisee’s employees under the FEHA. It reasons that the franchisor’s alleged power to compel termination, demonstrated by its interactions with the franchisee concerning problematic employees, could establish control despite the franchise agreement’s language. The dissent criticizes the majority for emphasizing contractual terms over the parties’ actual conduct and for failing to construe the FEHA liberally. Werdegar, J., joined by Liu, J., and Chaney, J., dissented from the majority’s application of the law to the facts.