Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Q. I’m dealing with an enforcement agency investigator who is really rude. She accuses me of hiding information, threatens to subpoena information and says things like, “I know all about your company and how it treats minorities.” She’s been calling my managers at home and demanding that they answer questions. What do I do? Am I going to make things worse if I complain about her behavior?

Anytime you settle an employment discrimination case, make sure someone is in charge of implementing all the settlement terms. Otherwise, that case you thought was over and done with could easily wind up back in court.
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.
The U.S. Supreme Court last month agreed to hear a pair of cases challenging state and federal laws that define marriage to include only unions of a man and a woman. Depending on how the court rules, married same-sex couples could become entitled to several federal benefits and legal protections.
A group of newspaper delivery people has won the right to take to court as a class action their dispute over whether they are independent contractors or employees.
Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.
Here’s good news: When an employee claims she was fired for filing a workers’ compensation claim, she can’t pursue the lawsuit as a wrongful-discharge claim. She’s required to sue under the workers’ compensation law.

Employers that engage independent contractors sometimes require them to sign an agreement stipulating that any disputes over the contract must be settled through arbitration, not in court. However, having such an agreement doesn’t mean a court can’t decide whether those workers are, in fact, independent contractors or employees.

A California Court of Appeal has affirmed a preliminary injunction against the city of Costa Mesa, which attempted to contract out work currently performed by city employees.

While the California Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate disabled employees, there are limits. One involves the permanent reassignment of essential functions to other employees.

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