What is the test for determining whether there is an incidental benefit from an employer in a claim for wrongful dismissal?

California, United States of America


The following excerpt is from Pierson v. Helmerich & Payne Int'l Drilling Co., 209 Cal.Rptr.3d 222, 4 Cal.App.5th 608 (Cal. App. 2016):

Under this approach, the key inquiry is whether there is an incidental benefit derived by the employer. [Citation.] (Lobo v. Tamco , supra , 182 Cal.App.4th at p. 301, 105 Cal.Rptr.3d 718.)

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