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Employment Law

Defend against hidden bias: Follow policies

12/19/2011
HR can and should serve as a check on overzealous supervisors who want to mete out discipline to those they don’t like while ignoring problems with those they favor. Insist that no final termination or disciplinary actions go through without clear documentation that supervisors followed all the rules.

Two employees involved in same incident? Punishment can differ if it’s not discriminatory

12/19/2011

If two employees break the same workplace rule, they should receive the same punishment. But that doesn’t mean you can’t distinguish between degrees of culpability. It’s perfectly fine to terminate an employee who has a long history of rule breaking and retain another because it’s a first offense.

The dozen leave laws California employers must know

12/16/2011

Dealing with the multitude of federal and state laws governing leaves of absence in California can leave employers feeling lost and dis­­oriented—and expose even the most well-intentioned employer to liability. The best prevention is education.

San Francisco janitors reach accord to end bias suit

12/16/2011

The EEOC recently entered into a consent decree resolving a race discrimination lawsuit with ABM Industries. The federal agency sued the company in 2009, claiming it discriminated against Hispanic janitors who worked in San Francisco office buildings.

Harassment among the orchids yields settlement in Oxnard

12/16/2011
One of the largest orchid farms in the United States—Cyma Orchids in Oxnard—will pay $240,000 after the EEOC moved to root out an infestation of sexual harassment.

Simply failing to find work doesn’t prove defamation

12/16/2011
When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

Employees must apply before suing for failure to promote

12/16/2011
Supervisors don’t have crystal balls that help them tell the future or read employees’ minds. Unless an em­­ployee expresses an interest in being promoted, they don’t have to consider him for open positions.

Take-it-or-leave-it arbitration clause is fine if the underlying agreement is fair

12/16/2011

The Court of Appeal of California has handed a significant victory to employers that use arbitration agreements as a condition of employment. As long as the underlying terms of the agreement are fair and the arbitration process impartial, the court will send a case to arbitration even if the employee had no choice but to sign the agreement.

Budget cuts forcing layoffs or reorganization? Take care to spell out justification

12/16/2011
If you must eliminate jobs, make sure you create a clear paper trail explaining why and how you made the decision to terminate a particular individual. That’s especially important if the employee had discrimination charges pending—or a history of filing them.

SoCal hotel steps up after firing autistic employee

12/16/2011
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.