Total Articles: 12
Court of Appeal Finds "At Will" Insurance Agent Was Independent Contractor
Kimbly Arnold was an agent working for Mutual of Omaha. She was non-exclusive, and sold other lines as well. She was "at will" but was paid solely on commissions, had no office space unless she paid for it, had no supervisor or other personnel "managing her." Her only job requirement was to submit at least one application for insurance every six months.
Teacher Can't Sue Church School for FEHA Violations
A California Court of Appeal has ruled that a religious school teacher who was living "out of wedlock" with her boyfriend as they raised their child cannot state a claim against the church for wrongful termination based upon marital status discrimination. Henry v. Red Hill Evangelical Lutheran Church of Tustin, No. G044556 (Fourth Dist., Div. Three Dec. 9, 2011).
Stray Remarks May Be Considered Evidence of Discrimination in California.
The California Supreme Court recently issued a unanimous decision that could make it more difficult for employers to win summary judgment in certain discrimination cases involving potentially discriminatory comments. In Reid v. Google, Inc., the Court declined to adopt the "stray remarks doctrine," under which some courts have deemed irrelevant and insufficient to defeat summary judgment, "stray" potentially discriminatory remarks made either (a) by non-decision making employees, or (b) by decision-making supervisors outside of the decisional process.
Does At Will Status Include Demotions and Salary Reductions?
You know that at will employees can be terminated for any legal reason, or no reason at all. But what about decisions short of termination—demotions, salary decreases, bonus determinations—are those decisions “at will” too?
Wrongful Termination Update Employee Protected From Termination After Making False Overtime Claim.
An employee claims that he worked overtime, but an investigation reveals that his claim is false. The employee claims he made a mistake, but the company concludes otherwise. He should be terminated, right? Not so fast. California law might offer protection to such an employee. In a case titled Barbosa v. Impco Technologies, a California appellate court found that complaining about missing overtime can be a protected activity, and that firing the complainer may be a wrongful termination.
School Wrongfully Terminates Administrative Employee Over Class Size Violation.
When an employee complains about illegal conduct, or refuses to engage in unlawful conduct, an employer may not retaliate by terminating the employee. Such a termination violates public policy and can give rise to a lawsuit for wrongful termination. What exactly does it take for an employer to cross the line and terminate in violation of public policy? In a recent case titled Scott v. Phoenix Schools, Inc. provides a useful illustration.
AT WILL AT WORK.
In California, Labor Code Section 2922 recognizes employees and employers presumptively may end their relationship "at will." Now and then, someone writes an article or introduces legislation proposing the end of employment at will. The advocates have their reasons (e.g., at-will employment is anachronistic, meaningless because of the numerous exceptions, unfair etc.). They are wrong. At-will employment remains a legally significant principle, even with the many exceptions the courts and legislature have applied to it.
Employment Contracts -- Getting It Right.
All employment relationships are contractual. The essence of the relationship is the employee’s promise to work in exchange for the employer’s promise to pay wages. However, employers and employees enter into more formal employment contracts to define the employment relationship in more precise terms.
Employment Agreement Update: At Will Agreement Defeats Termination Claim.
There is no more basic employment practice than obtaining a signed at will agreement from each employee. In contrast to the murky pool of discrimination law, and the Byzantine maze of wage and hour laws, the bright line rule for at will employment is practically bulletproof.
Terminated College Professor Must Challenge Tenure Hearing.
A California Court of Appeal ruled a college professor could not bring a claim for wrongful termination since he had failed to challenge the college's internal hearing procedure which supported the termination.
Employee Fired For Discussing Bonus Can Sue For Wrongful Termination.
A California appellate court held that employees have the right under the Labor Code to discuss their wages. Accordingly, an employer who fires an employee for participating in a group discussion about the fairness of a bonus can sue for wrongful discharge in violation of public policy.
California Supreme Court Holds That Catholic Hospital Is Exempt From Public Policy Claim For Terminating Employee For Using Objectionable Religious Speech.
In Silo v. CHW Medical Foundation, et al., 2002 DJDAR 5354 (May 17, 2002), the California Supreme Court, held that as a matter of law CHW Medical Foundation could not be held liable for public policy wrongful termination for terminating an employee for engaging in religious speech in the workplace.
