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Tag Archives: California employment law

Adjusting to CA’s New Domestic Violence Discrimination Law

Being a victim of domestic violence or abuse can have a significant effect on an employee’s life. Many businesses — large and small — have struggled with how to accommodate workers in this unfortunate position and how to respond if it begins to interfere with their job performance. These struggles are the primary reason why… Read More »

Court Rejects School Employee’s Due Process Challenge

Employees in the private sector are not used to the concept of due process prior to discipline or termination. However, the rules for public sector employees are different. Years ago, the U.S. Supreme Court ruled that public employment is a protected interest, the deprivation of which requires due process, in the case of Cleveland Board… Read More »

California Court Sides with City Over Public Sector Retiree Rights

With more and more municipalities throughout the United States finding themselves in the red, public employee pension rights are under increasing scrutiny. Many municipalities can no longer afford to support the pensions and other retiree benefits to which they committed during better economic times. However, employers seeking to reduce their obligations to retirees must tread… Read More »

Oakland Raiders Sued for Wage and Hour Violations

It can be easy to forget that professional sports clubs are still businesses that face the same personnel issues as any other employer. The Oakland Raiders football team recently received a harsh reminder of this fact when a rookie member of its cheerleading squad filed suit in California state court alleging wage and hour violations…. Read More »

Your Employee Handbook Could Be Your Protection From Litigation

A well-drafted employee manual can protect an employer from costly litigation and create a comfortable atmosphere for employees who fully understand their benefits. A poorly drafted employee manual leaves an employer vulnerable to lawsuits for a variety of violations and generates frustration and disappointment in employees. Most California employees are “at- will” which means that… Read More »

Clearly Defining Sexual Harassment in the Workplace

San Diego Mayor Bob Filner agreed to resign after 18 women accused him of sexual harassment. For more than seven weeks, Filner stood in the center of a whirlwind of accusations, press reports and a lawsuit that stemmed from his admittedly inappropriate behavior. Filner’s saga illustrates how claims of sexual harassment can be extremely emotionally… Read More »

What Causes of Action are Left for Employers Against Competing Former Employees?

In the previous installment, we focused on the ruling of Judge David Carter in the case of Mattel Inc., v. MGA Entertainment, Inc., in which he emphatically quashed notions of a general duty of loyalty owed by an employee towards his employer. In the final part of the series, we consider alternative remedies an employer… Read More »

Spotlight on Mattel v. MGA Entertaiment

This is the second of a three-part series on the duty of loyalty as a cause of action in employment law. In the previous installment, we discussed whether breach of the duty of loyalty conflicts with public policy in California. In this segment, we look at the ruling of Judge David Carter in the case… Read More »

Breach of Duty of Loyalty

This is the opening installment of a three-part series discussing legal claims brought by employers against employees whom they claim breached a duty of loyalty. In this series, we consider the duty of loyalty in terms of California public policy, and the significance of the case of Mattel, Inc. v. MGA Entertainment, Inc. Introduction When… Read More »

Hartnett, Smith & Paetkau
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Redwood City, CA, 94063 USA
650.568.2820