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Employment Law

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Make necessary changes, even if worker rebels

02/24/2009

Employees who suspect their employers are trying to get them to leave voluntarily instead of firing them outright sometimes do quit. Then they turn around and sue under the theory of “constructive discharge.” Essentially, they argue their employer made their lives so miserable they had no choice but to resign. Fortunately for employers, courts are fairly strict in how they view constructive discharges.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.

Memo to managers: Don’t embellish reason why employee was terminated

02/24/2009

Tell managers and supervisors not to embellish the reasons for discharging an employee. If they do, they risk the potential for a defamation lawsuit. That may be true even if the former employee is compelled to repeat the allegedly false information.

Pharmacies may ask about past drug convictions, despite California law

02/24/2009

The California Labor Code prohibits potential employers from asking about marijuana possession convictions more than two years old. But sometimes, federal law overrides state law—and that’s the case for employers that are hiring potential employees to work in pharmacies.

Minor loss of benefits doesn’t mean employee will win suit

02/24/2009

Not every little lost privilege or benefit translates into a winning lawsuit for employees. Minor changes such as temporarily losing the use of a company car aren’t serious enough to constitute an “adverse employment action.”

Warn everyone on staff: E-mail isn’t ‘private’

02/24/2009

Are you looking for a way to discourage employees from using the company e-mail system to send personal messages and curtail circulation of potentially harassing or discriminatory communication? Then tell them about the case involving Henry T. Nicholas III, the embattled co-founder of Broadcom.

OC Register settles independent contractor suit for $22 million

02/24/2009

The Orange County Register recently agreed to pay $22 million to settle a class action brought by its paper carriers, who claimed the newspaper misclassified them as independent contractors rather than employees. The settlement will bring to an end a two-month trial against the newspaper.

Los Angeles region expected to be hard hit by job losses

02/24/2009

A forecast by the U.S. Conference of Mayors says the Los Angeles area will suffer some of the largest job losses in the nation in 2009. It’s expected to lose about 164,000 jobs this year …