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California

Workers’ comp retaliation suit? File that under workers’ comp

10/22/2012
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.

Track your compliance with all settlement terms

10/22/2012
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.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Don’t feel compelled to permanently reassign essential job functions to satisfy FEHA

10/22/2012

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.

New state law limits access to employee social media info

10/22/2012
Starting Jan. 1, California employers may no longer require or request employees or job applicants to reveal their social media user names, passwords or other account information.

Beware FEHA suit when terminating new mother

10/22/2012
If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.

ADA: You choose which accommodation to use

10/22/2012
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.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Is it legal for us to restrict when employees may take small amounts of vacation time?

09/21/2012

Q. We recently needed to cut back on some of our employees’ shifts, meaning that some of them now work less than 40 hours per week. In order to bring their hours up to 40, these workers have been filling in their time sheets with varying amounts of their earned vacation. Are we permitted to restrict when our employees may use their earned vacation?

What is California’s law concerning leave for school-related activities?

09/21/2012

Q. With the start of the school year, several of our employees have asked to leave work early to attend parent orientation events at their child’s school. Are we obligated to grant employees time off for these events?