On January 7, 2009, the Contra Costa Superior Court issued an order in a race discrimination and whistleblower retaliation case, finding unconscionable and unenforceable the arbitration agreement that Countrywide Home Loans company requires its employees to sign as a condition of employment. The court found two unconscionable provision in the…
It is a common practice for employers to condition reimbursement of expenses incurred by employees on timely submission of those expenses to the employer’s accounting department. A typical expenses reimbursement policy might state that an employee must submit his claim for expense reimbursement within 90 days of incurring that expense,…
Many California employees, and especially workers of the State and local government agencies experience a very stressful work environment as a result of bad relationships with their co-workers and supervisors, that can range from the typical gossip and office politics to threats by one employee do have the other fired,…
It is perfectly legal for an employer to implement layoffs of its workforce unless this right is limited by an express or implied contract to employ a worker for a set period of time or if the duration of employment and termination terms are protected by the collective bargaining agreement…
One common issue with regard to leaves of absence between an employment and an employee arises when the employee is absent due to being sick or other health-related reason. The employer may try to avoid it’s obligations under FMLA (Family Medical Leave Act) or CFRA (California Family Rights Act) by…
The California Labor Code section 132(a) is yet another device prohibition discrimination against injured workers (in addition to California Fair Employment and Housing Act or “FEHA”). This section prohibits employer discrimination against an employee based on: * Applying or intending to apply for workers’ compensation benefits; or * Receiving a…
California Labor Code section 432.7 generally prohibits California employers from using as a factor in hiring, or asking an applicant to disclose, an arrest or detention that did not result in conviction or participation in pre- or post-trial diversion programs. However, the above general rule is subject to various exceptions.…
You have been dedicating yourself to your company for years. You have been working hard, proved yourself and your efforts weren’t wasted. You have been promoted multiple times and now you are manager holding an executive/supervisory position. You are happy and proud of your achievement and are excited about the…
Both ADA (Americans with Disabilities act) and its California counterpart – FEHA (Fair Employment and Housing Act) cover disabled employees as well as employees whom the employer has regarded or treated as having had any physical or mental disability or medical condition that makes achievement of a major life activity…
Many workers intuitively believe that just because their co-workers act toward them in a rude or unfair way or just because they are not friendly to them, this is ground for harassment claim in court. It is important to remember, however, that under California law, a conduct is considered harassment…