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California

Chapman U. sex bias settlement pays, promotes

07/24/2012
An assistant professor at Chapman University will receive $175,000 and a promotion as part of a settlement in a sex discrimination lawsuit filed against the Orange County institution.

Wet Seal faces class action after smoking-gun email

07/24/2012
Foothill Ranch-based fashion retailer Wet Seal faces a class-action lawsuit from black current and former employees who allege an internal email complained that the company had too many black workers.

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

No pay? No doubt you will face a lawsuit!

07/24/2012
Never skip a payday. That’s just asking to be sued, as the following case shows.

Weigh employee’s good-faith intentions before contesting unemployment benefits

07/24/2012

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

Hey, we just wanted the lease, not the legal bills!

07/24/2012
Sunset Car Wash had no idea it was about to be cleaned out when it took over the lease from Auto Spa Express. A court has ruled Sunset must pay back wages and penalties owed to Auto Spa’s former em­­ployees.

Endless arbitration case goes another round

07/24/2012

Some employers favor arbitration agreements as a way to cut down on expensive and time-consuming litigation and avoid rogue juries that often sympathize more with workers than big, bad employers. But the reality is that arbitration agreements often cause more litigation, not less.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

After firing, counter frivolous lawsuits with solid documentation of poor performance

07/01/2012
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.