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Bad feelings between two co-workers erupt, and one goes on the attack. The other worker could back off but instead defends himself. You fire both employees. But now you have a lawsuit on your hands charging the termination violated the right to self-defense of the employee who defended against the attack. Will the court dismiss […]
Hector Escalante was a print machine operator at Wilson’s Art Studio Inc. in Orange County. One day without warning co-worker Ion Stanei allegedly attacked Escalante with a stick and hammer and threw a box of screws at him. As Escalante ran away, Stanei hurled another box of screws, hitting Escalante in the back. When Escalante […]
Highly publicized incidents of on-the-job violence have prompted many employers to adopt a workplace violence policy. But a recent federal appeals court ruling in California demonstrates the problems that can arise—particularly for public employers—if your policy goes too far.
A 29-year manager with Vons who contended she was wrongfully demoted because of her sex was awarded $5.2 million by an Orange County jury. Lynn Rayburn claimed that Vons appointed a new district manager who said there were “too damn many women in the district” and made other disparaging gender-related remarks. Rayburn had been in […]
A lawyer fired from a government job soon after moving from Orange County to Santa Clara County was barred from suing his new employer for inducing him to relocate under false pretenses. Ordinarily, it’s illegal in California to misrepresent employment terms to persuade someone to move to take a job in a different locality. In […]
In January, we reported on the impact California’s Proposition 215, the Medical Marijuana Initiative, will have on the workplace. Prop. 215 allows marijuana use if it is recommended, orally or in writing, by a physician. But there are many unanswered questions, including when the use of medical marijuana can be grounds for termination and how […]