Author: Dan Oswald

Creating Pockets of Excellence

Sixty-five percent of employees would rather have a new boss than a pay increase because of their dissatisfaction with the workplace. The workplace is going through an identity crisis. On the one hand, it wants to hang on to the traditional mindset that has helped build powerful businesses. Yet, there is plenty of evidence showing […]

Off-the-Clock DUI Results in Termination—Does California Law Allow It?

by Cathleen S. Yonahara An employee was arrested for driving under the influence (DUI) on his own time in his own vehicle. His employer subsequently suspended his driving privileges and then terminated his employment when the employee wasn’t able to get the charges dismissed or find another position at the company that didn’t require him […]

On-the-Job Injuries and Wrongful Termination in California

by Cathleen S. Yonahara The California Court of Appeal recently addressed a case of wrongful termination after an employee was fired following a work-related injury. Was the case successful in its claim that the employer violated workers’ compensation policy as well as discriminated on the basis of disability? Read on to find out.

Did California Employer Dish Out Defamation?

by Michael Futterman and Jaime Touchstone When an employee is accused of theft while working in a customer’s home, it can become a sticky situation for the employer—especially if the theft cannot be conclusively proven. As one satellite TV provider learned, proper processes can help deflect claims of defamation from a terminated employee.

Back Up to Speed Must Mean Back On the Job in California

by Denise Trani-Morris Just as in any other job, California state employees can be incapacitated in this line of duty and can receive certain special disability retirement benefits. However, once deemed no longer incapacitated, the employee must be reinstated. This was reaffirmed by a recent appeals case.

Tempted to Ask, But Shouldn’t

Yesterday’s Advisor briefed on impermissible preemployment inquiries; today, we present more inquiries that you may not have realized you need to avoid. Persons to Notify in Case of Emergency Questions should not be asked about the names and addresses of a job applicant’s relatives. Such inquiries may lead to information related to an applicant’s marital […]

General Tips for your Drug Policy

By Tim Thoelecke In yesterday’s Advisor we learned how the legalization of marijuana in many states has complex ramifications for your drug policy. Today, more on that topic, as well as some general tips. Marijuana is mainstream, or at least it’s trying to be. Indeed, many have made the assumption that marijuana is no longer […]

Manufacturer Misrepresents Compliance with FMLA: Lessons for Employers

By Gregory J. Wartman, JD A Pennsylvania federal court recently ruled that an employee was ineligible for relief under the Family and Medical Leave Act (FMLA) because of the size of his employer and that he did not present sufficient evidence that his employer should be equitably estopped (prevented) from avoiding liability under the Act.