October - 2013

NEWS & RESOURCES

It's Who You Know: Disability by Association

It's Who You Know: Disability by Association

People who call me usually think they have more rights than they actually do in the workplace. For example, did you know that if you needed to take care of a disabled grandparent, sister or brother, your employer could fire you for it and there would be nothing you could do about it? At least, that was true until recently. Protection for people with disabilities is covered in California under the Fair Employment & Housing Act ("FEHA"). The FEHA requires that employees wit

Deep Duty: When Employers Sue

Deep Duty: When Employers Sue

It doesn't happen often, but I sometimes get calls from workers who are being sued by their former employers. You won't be surprised to learn that these workers are pretty panicked. Getting sued is scary, especially if you're being sued by your former employer. After all, they know a lot about you, they probably have much more money than you do, and the idea of getting sued by them is just downright frightening. Most of what I see involves former employers claiming that the

Punishment: Make 'Em Pay

Punishment: Make 'Em Pay

People frequently ask me about punitive damages, usually when they're trying to figure out how much their case might be worth. I usually tell them I don't consider punitive damages when estimating a case's value, except in very rare circumstances. Here's why. Juries allow punitive damages when the defendant's actions are so reprehensible that they must be punished. Punitive damages are meant to punish and deter future conduct. Just like in criminal law, there are two types

Sexual Harassment: It's Only Illegal If I Pay You for It

Sexual Harassment: It's Only Illegal If I Pay You for It

Can I sexually harass an intern, so long as she's a volunteer and doesn't get paid for her work? Yes, says a New York federal court. Ms. Lihuan Wang worked as an unpaid intern for Phoenix Satellite Television US in 2009. She sued the company, claiming that its D.C. bureau chief sexually harassed her. According to Ms. Wang, the bureau chief invited her to his hotel room, claiming that they would talk about hiring her permanently. Ms. Wang claimed that, once she entered his

A Few Words About the Michael Jackson Verdict

A Few Words About the Michael Jackson Verdict

You may have been following the trial of Jackson v. AEG Live, in which Michael Jackson's mother Katherine sued AEG Live. Mrs. Jackson claimed that AEG live was negligent when it hired Dr. Conrad Murray to take care of Michael Jackson's medical needs while preparing for an upcoming concert tour. After following it as it was happening, and reading about it after the result came out, I can say with perfect 20/20 hindsight, that the jury verdict form may have sunk Katherine Jac

You Only *Thought* You had a Constitutional Right To a Jury Trial

You Only Thought You had a Constitutional Right To a Jury Trial

California's Constitution guarantees the right to trial by jury, and says that it is an "inviolate right," meaning it's a right that can't be violated. Oh, but violate it we have. You only thought you had a constitutional right to a jury trial, but if you signed an arbitration agreement when you started working -- or even signed a receipt for an employee handbook with an arbitration agreement in it that you likely didn't read because you were so dang happy at finally gettin

CASE EVALUATION