Author: Jennifer Carsen

Reduction In Force: High Tech Firm Sued For Laying Off Workers Without Adequate Notice

A recent development serves as an alert for all employers contemplating a large-scale lay-off without prior notice. The Connecticut Attorney General is suing Walker Digital, owned by Priceline founder Jay Walker, charging that the company violated the federal Worker Adjustment and Retraining Act (WARN) when it let 106 workers go without adequate notice in November. […]

Employment Benefits: Retiree Sues HP Over Product Discount Program

When you offer employee perks, it’s critical to make clear whether the program is a vested benefit or a company bonus that is subject to change or cancellation. Former Hewlett-Packard engineer Mark G. Leonard is suing the high-tech giant, claiming that it cancelled a program to provide thousands of retirees lifetime rebates on its products, […]

Equal Pay: Female Lab Workers Charge Pay Bias

An Alameda County Superior Court judge has certified a class action lawsuit on behalf of as many as 10,000 women who claim they were passed over for promotions and paid less than male colleagues at Lawrence Livermore National Laboratory. An attorney representing the scientists estimated that the employer may face damages of more than $250 […]

Reductions In Force: New Case Shows How To Avoid Age-Bias Claims When Restructuring

Employers often worry about getting hit with age-bias lawsuits when there’s a reorganization and older workers who don’t fit into the new company structure are let go. A recent case highlights some important issues to pay attention to during layoffs to help avoid age-related claims. Older Worker Loses Job In Reorganization Jerry Jeney was a […]

Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

Accommodating Workers: Court Explains Responsibilities Of Employers And Disabled Employees To Work Together To Find New Job

Under changes to the state disability discrimination law that took effect January 1, you can be sued for failing to cooperate with a disabled employee to determine whether they need a reasonable accommodation and to explore available options. A new California Court of Appeal decision provides more detail on how you and the disabled employee […]

Arbitration Of Disputes: Recent Cases Offer Insight Into When Courts Will Enforce—Or Throw Out—Flawed Arbitration Agreements

When the California Supreme Court approved mandatory arbitration for employment disputes last year, one question left unanswered was how existing arbitration agreements that don’t meet all the standards the court set forth would be handled. The contrasting approaches taken in two recent Court of Appeal decisions provide some guidance as to how the line will […]

Union Contracts: The 5 Words You Should Never Say When Acquiring A Company

On their last day of work, the unionized employees of bankrupt Aero Stretch Inc., a Gardena aerospace manufacturer, were told they could apply for positions the next day with the new company taking over, Advance Stretchforming International Inc. (ASI). The employees were also informed that there would be no union at ASI. Now the federal […]

Workers’ Comp Fraud: Employee Ordered To Repay Benefits After Bogus Claim Uncovered; How To Prevent Fraud

If a picture is worth a thousand words, a videotape can be worth many times more when a surveillance camera catches an employee in the act of dramatizing a phony workers’ comp injury. That’s what happened in a recent case that resulted in the criminal conviction of a malingering employee who was also ordered to […]

Age Bias Claims: EEOC Clarifies Rules For Challenging ADEA Waivers

It’s not uncommon for employers to offer older workers early retirement or severance benefits in exchange for having them waive potential age-bias claims they might have under the federal Age Discrimination in Employment Act (ADEA). But employees sometimes have second thoughts—after they have accepted the benefits. Now the Equal Employment Opportunity Commission has issued new […]