Here’s what it says: “I hereby agree to submit to binding arbitration all disputes and claims arising out of the submission of this application. I further agree, in the event that I am hired by AccentCare, that all disputes that cannot be resolved by informal internal resolution which might arise out of my employment with […]
No Employee Benefits For Independent Contractor.
An independent insurance agent for insurance company filed suit claiming employee entitlements under the Labor Code after her contractual relationship with the company terminated. The trial court, after finding she was an independent contractor and not an employee, granted summary judgment in favor of the insurance company. The Court of Appeal affirmed, agreeing with the […]
Times Have Changed, But Not Completely.
Plaintiff, a preschool teacher at a Bible-based Evangelical Lutheran Church school, was fired because she was living with her boyfriend and raising their child together. She admitted she knew she was supposed to serve as a Christian role model. The court found the church did not qualify as an employer under the California Fair Employment […]
Discrimination Against Member Of Armed Forces Must Be By Employer.
Military and Veterans Code §394 says “no person shall discriminate against” any member of the military. Lt. Mario Pantuso was called to active duty in the Navy, and when he returned from Iraq his supervisor terminated him. The Lieutenant sued the supervisor. The Court of Appeal compared the statute to the Fair Employment and Housing […]
Sexual Harassment Severe And Pervasive During A Five-Week Period.
During five weeks when a store manager was on leave, a 21-year-old cashier was subjected to rumors she had a sexually transmitted disease and that she and a co-worker were having a sexual relationship and suggestions she could make more money as a stripper. In one incident, she was turned around by the assistant manager […]
Mad Men: Season Five.
A female executive at an advertising agency, who prevailed at trial, lost on appeal on her gender harassment claim. The agency owner dressed as Santa at holiday parties and had women employees sit on his lap, wore a Santa hat with “bitch” across the brow, talked with the plaintiff about her sex life using a […]
As The Pizza Turns. . .
Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] employer […]
Equitable Relief Permitted Under ERISA.
An employee was seriously injured in a car accident involving a drunk driver. Her past and future medical expenses, wages and pain and suffering totaled $1,757,943.08. She recovered $376,906.84 from the tortfeasor. The employer’s benefit plan gave the employer a right to full reimbursement for medical expenses paid by a third party tortfeasor, regardless of […]
Counsel’s Online Filing Satisfied FEHA’s Jurisdictional Requirement.
Plaintiff sued his employer for violating the Fair Employment and Housing Act [FEHA, Gov. Code §12900 et seq.]. The trial court grant the employer’s summary judgment motion on the sole ground the employee did not file a verified complaint with the department. The Court of Appeal reversed, concluding the employee’s counsel’s complaint filed through the […]
Petition To Compel Arbitration Denied.
Sales agent for an insurance company, who was part of a collective bargaining agreement which required arbitration, sued the company to receive minimum wage, reimbursement for work-related expenses and prompt payment of earned wages due upon termination, all claims based on various Labor Code statutes. The underlying issue was whether the agent was an employee […]