By Calvin House | Published August 17, 2008 | Posted in Uncategorized | Comments Off on Retaliation Claims Lurk in Meritless Discrimination Lawsuits
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Retaliation Claims Lurk in Meritless Discrimination Lawsuits
Two recent verdicts from California Superior Court juries illustrate the risk of retaliation liability that arises in the wake of employee complaints about mistreatment. It is not uncommon for employers to prove that a discrimination, harassment or other employment claim lacks merit, only to be held liable because the complainant suffered adverse employment consequences after Read More
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Noncompetes Invalid In California
The California Supreme Court has conclusively ruled that non competition agreements with employees are invalid in California. The August 7, 2008 decision in Edwards v. Arthur Andersen LLP put to rest the notion that there might be a narrow restraint exception to the bar contained in Business and Professions Code section 16600, as suggested by the Ninth Read More
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Prison for Immigration Violations
In The News Since the failure of immigration reform in 2007, U.S. Customs and Immigration Enforcement (ICE) has stepped up its efforts to bring employers into compliance with existing immigration and citizenship rules. Employers must take these efforts seriously, because failure to comply with the rules can lead to prison time. As described by Read More
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Turn Off/On/Down/Up Those Radios
One employee’s favorite type of music is the bane of another’s existence. The radio talk show host one employee finds brilliant, another employee finds ignorant and tasteless. Managers and supervisors are often called upon to referee disputes over music and radios in the workplace. What many may not know is that such disputes can lead Read More
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Injured, Sick and Disabled Workers
The tangle of laws governing treatment of injured, sick and disabled workers can make it difficult for an employer to make the right choice. If the employer makes the wrong choice, a lawsuit with its attendant costs and exposure to a jury verdict frequently follows. The Costs of Being Wrong A second grade teacher fell Read More
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References Pose Risks
Employers can get themselves in trouble by giving references — good or bad — for their former employees. As the following cases illustrate, the safest response to an inquiry about a former employee is to provide the dates of employment, and nothing more. Cases Hold Employers Liable In May 2008, the United States Court of Read More
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Starbucks To Pay Over $100 Million For Requiring Baristas To Share Tips With Supervisors
The Case A San Diego Superior Court judge recently determined that Starbucks owes over $100 million for allowing its shift supervisors to participate in tip pools at its restaurants. The practice ran afoul of a California law that makes tips the sole property of the employees who receive them. Starbucks management had reasoned that shift Read More
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Wage and Hour Claims Continue To Plague Employers
Background Seven years ago the Farmers Insurancecase exploded on the scene, heralding an onslaught of multi-million dollar wage and hour verdicts and settlements. A California state court jury awarded a class of claims adjusters $90 million. After appeals, attorney fee litigation and accumulation of interest, Farmers “settled” the case in September 2004 for about $200 million. Read More
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Employee Privacy Interest in Text Messages
The Ninth Circuit Court of Appeals has ruled that public employees may have a privacy interest in text messages sent over a system contracted for by the employer. Although the employer had adopted a general electronic communication policy that informed employees their communications were not confidential, the employer’s day-to-day practice created an expectation of privacy that was Read More
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