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State Employment Law Articles
Report Link Employment Contracts -- Getting It Right.Shaw Valenza LLP - June 06, 2008 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. Report Link Employment Agreement Update: At Will Agreement Defeats Termination Claim.Barker Olmsted & Barnier - May 02, 2008 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. Report Link No Wrongful Discharge Claim for Worker with "Sympathetic Ear" For Workplace Complaints.Jackson Lewis LLP - February 25, 2008 An employee who claimed that his employer terminated him because he had a "sympathetic ear" for fellow workers' complaints could not bring a claim for wrongful termination in violation of public policy, the California Court of Appeal ruled. Luke v. Collotype Labels USA, Inc., No. A116544 (Cal. Ct. App. Feb. 14, 2008). Affirming summary judgment in favor of the employer, the court ruled that the plaintiff's claim was pre-empted or barred by the National Labor Relations Act, as the plaintiff's claims asserted arguable unfair labor practices governed by federal labor law. Report Link California Appellate Court Revives Wrongful Discharge Claim Based on Reporting Coworker's Threats.Jackson Lewis LLP - June 05, 2007 Recognizing an explicit public policy requiring employers to provide a safe and secure workplace, a California Court of Appeal has ruled that an employee who claimed he was terminated after complaining about a coworker's threat of violence stated a claim for wrongful termination in violation of public policy. Franklin v. The Monadnock Co., No. B191267 (Cal. Ct. App. May 24, 2007). The court further ruled that employers must take reasonable steps to address credible threats of violence in the workplace and that the plaintiff's complaint about his coworker served the public interest in promoting workplace safety. Accordingly, the court reversed the trial court's dismissal of the plaintiff's complaint and allowed the case to proceed. Report Link "Simple Logic" Precludes Ambiguity in Offer Letter's At Will Clause, Says California Supreme Court.Jackson Lewis LLP - August 07, 2006 An offer letter containing the phrase "your employment is at will," which is read, accepted, and signed by an employee "contained no ambiguity, patent or latent, in its termination provisions." Additional language in the letter defining "at will" to mean the employer had the right to terminate employment "at any time" did not create ambiguity as to whether cause was required, according to the Supreme Court of California in the case, Dore v. Arnold Worldwide, Inc., No. S124494 (August 3, 2006). As such, the employee's attempt to show there was evidence of an implied agreement -- verbal statements, conduct, and documents -- that he would not be discharged except for cause was unsuccessful. Report Link What Is Plain Meaning of Termination "At Will," California Supreme Court Asked to Decide.Jackson Lewis LLP - February 04, 2005 On January 29, 2005, Jackson Lewis LLP filed a brief amicus curiae in the California Supreme Court on behalf of the Southern California Chapter of the Association of Corporate Counsel - America, in support of an employer's right to terminate the employment of an individual at will. Report Link The California Supreme Court's Opinion Regarding Interference with At-Will Employment Relationships: Clear Sailing or Opening the Floodgates for Litigation?Littler Mendelson, P.C. - September 23, 2004 In a stated effort to promote and encourage fair and lawful competition, on August 12, 2004, a unanimous California Supreme Court rendered its decision in Reeves v. Hanlon, 33 Cal. 4th 1140 (2004). The central issue in Reeves was whether inducing an at-will employee to breach an employment relationship could give rise to liability for the employee's new employer. Report Link Terminated College Professor Must Challenge Tenure Hearing.Ballard Rosenberg Golper & Savitt - October 30, 2002 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. Report Link Employee Fired For Discussing Bonus Can Sue For Wrongful Termination.Ballard Rosenberg Golper & Savitt - September 01, 2002 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. Report Link Employer Does Not Violate “Fundamental Public Policy” When It Terminates An At-Will Employee Who Sues A Customer For Work-Related Injuries [PDF File, p. 3].O'Melveny & Myers LLP - July 15, 2002 The California Court of Appeal recently held that it was not a violation of a fundamental public policy for a hospital to terminate the employment of an at-will employee for bringing a personal injury action against a former patient who had assaulted her during the course of her employment. Report Link California Supreme Court Holds That Catholic Hospital Is Exempt From Public Policy Claim For Terminating Employee For Using Objectionable Religious Speech.Ballard Rosenberg Golper & Savitt - June 20, 2002 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. Report Link Ninth Circuit Upholds Contract Limiting Time For Employees To Sue [PDF File].O'Melveny & Myers LLP - October 01, 2001 Discusses Soltani vs. Western and Southern Life Insurance Company, (9th Cir. August 7, 2001), in which the court held that an employer may contract with employees for a shorter statute of limitations for employee lawsuits. Report Link Termination of Physician Who Questioned Medically Appropriate Health Care for Patient May Have Violated Public Policy [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - January 01, 2001 Discusses Khajavi v. Feather River Anesthesia Medical Group, 84 Cal.App. 4th 32 (2000) in which the Court reversed nonsuit on the ground that Bus.
& Prof. Code § 2056 prohibits the termination of a physician’s employment for advocating medically appropriate health care. Report Link California Supreme Court Issues Important Case on Employment Policies.O'Melveny & Myers LLP - September 01, 2000 Discusses Asmus v. Pacific Bell, 2000 WL 703013 (Cal. June 1, 2000), in which the court held that an employer may unilaterally terminate a policy that contains a specified condition, if the condition is one of indefinite duration, and the employer effects the change after a reasonable time, on reasonable notice, and without interfering with the employees' vested benefits.
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Count and Sub-TopicsArticles Found: 14SUBTOPICS Employment Law Seminars
Complimentary Breakfast Briefing for In-House Counsel, Senior Management and HR Professionals
Memphis
July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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