In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination....more
Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability? A federal district court in California said “maybe, maybe not,” and determined...more
Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments -
Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more
4/22/2014
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
FICA Taxes ,
Harassment ,
Hills and Dales ,
Hiring & Firing ,
NLRB ,
Posting Requirements ,
Reasonable Accommodation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Severance Pay ,
Statute of Limitations ,
Title VII ,
Wages ,
Whistleblowers
Reversing a trial court’s decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee may present her age discrimination claim to a jury because there were...more
A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more
Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates -
In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more
In This Issue:
*FEATURE ARTICLES
- Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies
- Manager's Bias, Public Policy, And Defamation...more
2/21/2013
/ Arbitration Agreements ,
Canning v NLRB ,
Claims Limitations Period ,
Defamation ,
Discrimination ,
Employment Policies ,
Facebook ,
Family and Medical Leave Act (FMLA) ,
Fraud Exception ,
Hiring & Firing ,
Kmart ,
Mixed Motive Cases ,
NLRB ,
Parol Evidence ,
Public Policy ,
Recess Appointments ,
Suitable Seats Lawsuits ,
Termination ,
Unconscionable Contracts