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Pinedo v. Premium Tobacco, Inc.
Arbitration agreement unenforceable where used as one-sided mechanism to disadvantage employee rather than true alternative to litigation.
Employment Law Aug. 22, 2001
Morgan v. City of Los Angeles Board of Pension Commissioners
City charter does not permit police officers' incentive pay to be included in calculation of pensions.
Employment Law Aug. 22, 2001
D'Sa v. Playhut Inc.
Public policy is violated despite severability and choice-of-law provisions in employment contract that contains illegal covenant not to compete.
Employment Law Aug. 22, 2001
Professional Engineers in California Government v. State Personnel Board
Career Executive Assignment program regulations that allow selection of applicants without ranking violate constitutional requirement that system be based on merit.
Employment Law Aug. 22, 2001
Bulman v. Safeway Inc.
Fired employee may not claim wrongful discharge based on personnel policies he was not aware of at time of termination.
Employment Law Aug. 14, 2001
Currie v. WCAB
Workers' compensation board must include prejudgment interest in award of back wages to wrongfully terminated employee.
Employment Law Aug. 14, 2001
Dudley v. Dept. of Transportation
Former Caltrans employee can amend complaint to state claim for retaliatory discharge.
Employment Law Aug. 13, 2001
Questar Microsystems Inc. v. Chelius
Continuing to work after company fails to pays wages will not constitute a "constructive agreement" to defer wages.
Employment Law Aug. 12, 2001
Leibbrand v. Employment Security Department of the State of Washington
Statute precluding claimant for unemployment beneftis from arguing, as a defense to disqualifcition that alcoholism caused misconduct, is constitutiaonl.
Employment Law Aug. 5, 2001
Okamoto v. State of Washington Employment Security Dept.
Worker cannot re-establish eligibility for unemployment benefits through self-employment.
Employment Law Aug. 5, 2001
Kent v. Martin
Government employer must show that employee's public statements caused actual disruption in workplace in order to justify termination.
Employment Law Jul. 25, 2001
English v. Colorado Department of Corrections
Racial discrimination suit fails where plaintiff fails to offer proof that employer's claim for firing him is merely pretext.
Employment Law Jul. 18, 2001
Harrison v. Eddy Potash Inc.
Employer is liable for sexual harassment when employee successfully sues supervisor for battery.
Employment Law Jul. 18, 2001
Scribner v. Worldcom Inc.
Ordinary meaning of employment contract does not permit termination of 'exemplary' employee to facilitate sale of corporate division.
Employment Law Jul. 18, 2001
Morgan v. The Regents of the University of California
Employee does not have to be re-hired after layoff if he is not qualified for available positions.
Employment Law Jul. 17, 2001
Niedle v. WCAB
Statute requiring out of state vocational rehabilitation plan to be more cost effective than in-state plan is not unconstitutional.
Employment Law Jul. 16, 2001
Pinkerton Inc. v. Workers' Compensation Appeals Board
Employer must designate primary treating physician in response to injured employee's request to change physician.
Employment Law Jul. 12, 2001
Lenk v. Total-Western Inc.
Among other things, language in employment contract relating to performance review after one year does not constitute term of employment.
Employment Law Jul. 12, 2001
Otto v. Los Angeles Unified School District
Content of 'summary of conference' letter placed in personnel file determines whether employee has right to administrative appeal.
Employment Law Jul. 11, 2001
Tucci v. Club Mediterranee SA
Employee injured while working for company's resort in Dominican Republic is not entitled to sue in California court.
Employment Law Jul. 11, 2001
Jie v. Liang Tai Knitwear Co. Ltd.
Employees may sue in state court for retaliatory discharge after reporting employer to immigration authorities.
Employment Law Jul. 9, 2001
Hartman v. Univ of Colorado
University of Colorado subject to claims under the FLSA as an arm of the state.
Employment Law Jul. 3, 2001
Cheek v. Employment Security Department
Court properly dismissed petitioner's appeal of denial of unemployment insurance where petitioner failed to timely serve Department of Unemployment Insurance.
Employment Law Jul. 2, 2001
Lazuk v. School District No. 1
School board approval not required for transfer of teacher to different high school.
Employment Law Jul. 2, 2001
McCoy v. Superior Court of Orange County
Arbitration clause is unconscionable and unenforceable where employer mandates acceptance of it as condition of employment.
Employment Law Jul. 1, 2001
Hughes v. Argonaut Insurance Company
Employee may not sue employer's insurance carrier because insurer mishandled lien on employee's settlement with third party.
Employment Law Jun. 28, 2001
Brown v. Lucky Stores, Inc.
Safe harbor provision of Americans with Disabilities Act applies to employees who have not had alcohol for meaningful amount of time.
Employment Law Jun. 28, 2001
Boykin v. ATC/Vancom of Colorado
Disabled bus driver is not entitled to dispatcher position that was created six months after termination.
Employment Law Jun. 28, 2001
Southern California IBEW-NECA Trust Funds v. Standard Industrial Electric Company
ERISA does not preempt stop notice and payment bond remedies for money owed to employees for work on public construction project.
Employment Law Jun. 28, 2001
Weeks v. Bayer
Public employee's claim for unlawful retaliation in violation of First Amendment fails; comments about prison program's funding status not of 'public concern.'
Employment Law Jun. 28, 2001