“I Don’t Feel So Good” – Protecting Employees from Illness in the Workplace During Cold and Flu Season

“I Don’t Feel So Good” – Protecting Employees from Illness in the Workplace During Cold and Flu Season

The holiday season is behind us, but we are still in the thick of cold and flu season.  It seems like everyone you pass on the street or stand next to on the bus is sneezing, coughing, or blowing their nose.  With so many people sick, it’s not surprising that many people have also encountered the same sneezing and coughing from a colleague who is sick but came to work anyway.  

Jan 17, 2017 Briefing Room

No Qualified Immunity in Deadly Force Case Because of Conflict Between Evidence and Officers’ Testimony

Jacob Newmaker walked into the Fortuna Police station to complain about people chasing him down an alley. But, he declined to make a report and left the station.  Later that night while on patrol, Officer Maxwell Soeth encountered Newmaker walking down the street without shoes. Newmaker told Officer Soeth that he was going to the hospital and then asked for a ride to his mother’s house. Officer Soeth refused, but followed Newmaker to his mother’s house.

Jan 17, 2017 Briefing Room

Employee’s Failure to Appear for State Personnel Board Hearing Warranted Dismissal

The California Department of Corrections and Rehabilitation (Department) terminated Kevyn Thaxton, a corrections officer, and three other correctional officers for dishonesty and other misconduct. Thaxton appealed to the State Personnel Board (Board). The Board scheduled an evidentiary hearing before an Administrative Law Judge (ALJ). Prior to the hearing, Thaxton and the Board identified Thaxton as a witness.

Jan 17, 2017 Briefing Room

Employee Who Claims Retaliation Based on Opposition to Employer Actions Must Establish a Reasonable Basis in Law to Support His or Her Belief that the Employer Acted Unlawfully

David Dinslage worked in the City of San Francisco’s Recreation and Parks Department to provide programs designed solely for members of the public with disabilities. The Department later concluded that segregating its recreation programing failed to give patrons with disabilities access to all of the programs it provided to the general public. The Department began to restructure its programs to focus on inclusion of all patrons, including those who are disabled.  Dinslage disagreed with the programmatic changes and refused to implement them. The Department documented his refusal in his annual performance evaluation and rated him as not meeting performance objectives.

Jan 17, 2017 Briefing Room

Applicant Seeking Disability Retirement Under 37 Act Must Show Continuous Disability from Last Contribution to Time of Application

Paul Cameron worked for Sacramento County as an automotive mechanic.  He injured himself twice, in September 2004 and July 2005. After a series of leaves, Cameron exhausted his medical leave on April 24, 2008 and was reevaluated by a psychologist who determined Cameron could return to work. On May 15, 2008, Cameron received pay for attending the May 14, 2008 examination.   In November, Cameron submitted a doctor’s note from his personal physician, Dr. Paul Seites, that said Cameron was not able to work for the period between June 16, 2008 through September 29, 2008.  Cameron never returned to work.

Jan 17, 2017 Briefing Room

Exclusivity Rule Applies Only When Work Is Contributing Cause of Workplace Injury

West Kern Water District employed Kathy Lee as a cashier at the District’s office. Lee’s responsibilities included taking customer payments for water bills. She worked with four managers.  Since employees in the District office worked with money, the District trained them on how to respond in case of a robbery.

Jan 17, 2017 Briefing Room

Employee’s Request for Leave for Tumor Removal Surgery Triggered Employer’s Duty to Both Reasonably Accommodate and Assess Need for CFRA Leave

Sofia Soria worked as an on-air radio personality for Univision Radio from 1997 until Univision terminated her in November 2011. Soria hosted the mid-day radio show. She was scheduled to be in the radio booth from 10:00 a.m. to 3:00 p.m. and was to arrive 30 minutes before going on-air to prepare for that day’s show.