Feb 15, 2018 Tips from the Table
Grievances & Statute of Limitations Provisions For Contract Violations

Grievances & Statute of Limitations Provisions For Contract Violations

Feb 14, 2018 Fire Watch

Pilot is Awarded Signing Bonus He Would Have Earned Had He Not Taken Military Leave

The U.S. Court of Appeals for the Ninth Circuit confirmed that in determining entitlement to employment benefits upon an employee’s return from military leave, it is necessary to consider the employee’s career trajectory and what position the employee would have attained but for the leave. 

Feb 14, 2018 Fire Watch

Paid Administrative Leave May Constitute An Adverse Employment Action

A California Court of Appeal allowed an employee’s whistleblower retaliation claim to proceed, where the alleged adverse employment action was being placed on paid administrative leave.  

Feb 14, 2018 Fire Watch

Obesity May Be a Disability Under FEHA

Ketryn Cornell was an obese woman who was fired from the Berkeley Tennis Club (Club), where she had worked for more than 15 years.  Cornell sued the Club, claiming that her termination constituted disability discrimination on the basis of her obesity, and that a Club manager harassed her due to her disabled status. 

Feb 14, 2018 Fire Watch

Employer Had Obligation to Act When It Knew or Should Have Known That Drunken Trespasser Was Harassing Employees

A hotel housekeeper asserted viable claims under the Fair Employment and Housing Act (FEHA) when she claimed that her employer failed to take reasonable steps to prevent a trespasser from sexually harassing and assaulting her.  

Feb 14, 2018 Fire Watch

Supervisor in Harassment Litigation Must Prove Subordinate’s Allegations Were “Frivolous” to Recover Defense Costs

A California Court of Appeal confirmed that a supervisor, like an employer, is not entitled to recover attorney fees as a prevailing defendant in a harassment lawsuit unless the supervisor proves the employee’s claim was “frivolous, unreasonable, or without foundation.” This standard is a difficult test to meet and the trial court judge has the discretion to grant or deny a defendant’s request for fees.