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News Notes: Court Throws Out One-Sided Arbitration Agreement

When Municipal Resource Consultants (MRC) tried to compel former employee Nicholas O’Hare to arbitrate a wrongful discharge and age-bias lawsuit, O’Hare contended the mandatory arbitration provision he signed wasn’t fair. The agreement required him to arbitrate all claims against the company, while it permitted MRC to file a lawsuit against him for injunctive relief. A […]

News Notes: Hastily Drawn Settlement Agreement Amounts To Expensive Mistake

Orange-based Bergen Brunswig Corp. dashed off a settlement offer to its former president, Donald Roden, to resolve a wrongful-discharge lawsuit. Theoffer stated only that Roden would receive a $5 million lump sum plus attorney’s fees, and his retirement and other benefits would be continued. After Roden signed the agreement, Bergen Brunswig claimed it had intended for Roden’s […]

News Notes: Half-Million-Dollar Slander Verdict For Employee Accused Of Theft

A recent verdict provides a good reminder ofwhy it’s important to listen to and follow up on employee complaints. A juryawarded maintenance technician Bob Haist $500,000 on his clam that his managerat Chula Vista–based Goodrich Aerostructures slandered him by accusing him infront of his co-workers of stealing from the company. Haist’s co-workers alsoallegedly watched managers […]

News Notes: Government Reports Decline In Lost Workdays From Injury And Illness

Since 1992, according to the U.S. Bureau ofLabor Statistics, the number of lost workdays because of work-related injuriesand illnesses has steadily declined. The decrease from 2000 to 2001 was 7.6percent. And strains and sprains, which generally account forabout four out of 10 injuries involving lost workdays, declined by 34.5 percentfrom 1992 to 2001.

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

Disability Bias: California Provides Broader Protection than the ADA for Employees with Physical Disabilities; What You Should Know

Over the last few years, the U.S. Supreme Court has issued several rulings narrowing the definition of what constitutes a disability under the federal Americans with Disabilities Act (ADA). Now, the California Supreme Court has ruled that California’s Fair Employment and Housing Act (FEHA) affords workers broader protections than the ADA.

Americans with Disabilities Act: EEOC Issues New Fact Sheet Explaining When Telecommuting Is a Reasonable Accommodation

Many employers have discovered that successful telework arrangements can provide high levels of flexibility and employee satisfaction. And, as a new fact sheet from the U.S. Equal Employment Opportunity Commission points out, you may be required to consider telework as a reasonable accommodation for disabled employees. Modifying Telework Programs The Americans with Disabilities Act (ADA) […]

Sexual Harassment: Favoritism Toward Paramours Doesn’t Support Discrimination Lawsuit by Other Female Workers

An employee discovers her boss is having a sexual relationship with a co-worker. Then, when the co-worker gets favorable treatment, including questionable promotions, the employee comes after you, charging that the boss’s favoritism amounted to sex discrimination and created a hostile work environment. Open-and-shut case for the employee? Maybe not, according to a new decision.

Family and Medical Leave: Accompanying Ill Spouse to Funeral Doesn’t Qualify for Protected Leave, Court Rules

Arnulfo Gradilla worked as a sheet metal assembler at Riverside County-based Ruskin Manufacturing. When his father-in-law died, he received permission to take two or three days off work to accompany his invalid wife to the funeral in Mexico. Gradilla’s wife had a serious heart condition that was exacerbated by stress.