When a terminated employee advises the employer that there could be a suit for wrongful termination, it's probably unwise for the employer to first file against the employee, demanding that the court declare that the employer is correct in its position. That's generally an improper way to respond to a terminated employee's claims in an employment dispute, and one which recently failed miserably. A federal judge in California recently dismissed a lawsuit filed by a former employer against two teachers that the employer fired on religious grounds.
American workers spend a large percentage of our waking lives within the workplace. Because we give so much of our time to our jobs, we expect to be treated fairly and compensated in the manner laid out by our employment agreements as well as California law. When workers do not receive the compensation that they have earned, many try to handle their workplace dispute through the channels within their company. When those efforts fail, the employee is left with little choice but to turn to litigation to rectify the matter.
San Jose voters thought that the pension issues that have been in dispute between the San Jose Police Officer's Association and the City Council had been resolved when they approved the Measure "B" pension reform proposition. The measure was passed in June 2012, having received 70 percent voter approval. However, a new law suit has been filed that may affect this and another employment dispute litigation currently awaiting decision in Santa Clara County Superior Court.
In the wake of the recession, many employers are beginning to hire employees again after having to lay workers off or limit the growth of their workforce. But some may be gun-shy about bringing on full-time employees when the business' economic security seems tenuous.
Last week we talked about some of the unique employment law challenges faced by domestic workers in California, such as low pay, a lack of health insurance and other benefits and the isolating nature of domestic work. These all make domestic workers vulnerable to employer misconduct, a problem that has too long been ignored.
When most people think of employment they picture someone sitting in an office, holding a meeting or driving to sales calls. Many work outside of the home and face similar employment issues. However, a different employment landscape exists for one group of employees whose voices have long gone unheard.
In our last post we discussed some of the difficulties that our nation's military veterans and servicemembers face as they return from service, reenter civilian life and try to get back into the workforce. The growing trend of longer deployments in the military means that those who serve our country are taken off the job market for significant periods of time, which can make it more difficult for them to regain employment.
A California judge has denied class-action status in a lawsuit against Wet Seal, a clothing chain known for its affordable, fast-fashion take on current trends in young womenswear. The company still faces wage and hour accusations from employees who allege they faced unfair out-of-pocket expenses while working at the company, but it will be spared from a potentially huge class action suit.
The California Chamber of Commerce publishes an annual list of new workplace laws passed in the previous year. This year California lawmakers passed about 18 laws that will affect the state's employees when they go into effect on January 1.