Snoeck

FACTS AND PROCEDURAL BACKGROUND2

1. Snoeck’s employment with ExakTime ExakTime sells time and attendance software for construction and field service companies. John O’Hara, ExakTime’s President and then Chief Financial Officer, hired Snoeck.3 Snoeck began work in April 2015 as an account executive for the small business segment of ExakTime’s new sales group. As an account executive or “sales rep,” Snoeck was responsible for getting new business by following up on inbound leads.4 Snoeck had the east territory, starting work at 6:00 a.m.

We summarize the evidence at trial in the light most favorable to ExakTime. (See, e.g., Whiteley v. Philip Morris, Inc. (2004) 117 Cal.App.4th 635, 642, fn. 3.) We discuss additional facts and procedural history relevant to Snoeck’s contentions in the discussion sections of this opinion O’Hara became the Chief Executive Officer in January 2018. Leads—inquiries from potential customers about ExakTime’s software—came mostly through ExakTime’s website

3 Snoeck’s most recent performance review was from January 2017. His then-supervisor Karen Kennedy assessed Snoeck as a “great team member.” She rated him as “exceeds…