Employee of company providing emergency cleanup of the California coast was compensated for 12 hours per day for “work time.” But, in addition, he was on 45 minute standby duty for another four hours. He sought overtime pay for the standby time period and the trial court granted his employer’s motion for summary judgment. The Court […]
Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.
The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].
Employer’s Lawyer Had A Conflict Of Interest When Representing Employee At His Deposition.
Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
Captain’s Drawer Notes About Firefighter Are “For Personnel Purposes .”
The FireFighters Bill of Rights [FFBOR] found in Government Code section 3255 provides:“A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment […]
Ralphs Grocery Company’s Arbitration Agreement Found Unconscionable.
In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
Punitive Damages In Sexual Harassment Case.
In an Arizona sexual harassment case, a woman worked for a large mining and refining company. Her supervisor refused to train or help her when she refused his romantic overtures. He is six feet, two inches and weighs 350 pounds and would stand very close to her; she was afraid he would rape her. She complained […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Uniform Trade Secrets Act Did Not Displace Other Causes Of Action.
A former employee worked for plaintiff, a nationwide linen supply company for many years. He promised he would not, during his employment, “become interested, directly or indirectly, as a partner, officer, director, stockholder, advisor, employee, independent contractor or in any other form or capacity, in any other business similar to Company’s business.” While he was still […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
No Respondeat Superior.
An employee was employed by defendant as a directional driller. He had the option of using his personal vehicle or being assigned a company truck and chose the latter. According to defendant, at the time the truck was assigned, his supervisor told him he could use the company vehicle to get to work and back and […]
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