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Marks v. Loral Corporation
Employers can prefer lower-salaried workers even if result disproportionately affects older, higher-paid workers.
Employment Law Jun. 23, 1999
Tarin v. County of Los Angeles
Summary judgment inappropriate to determine if plaintiff would have been promoted but for military service.
Employment Law Jun. 23, 1999
Valley Medical Specialists v. Farber
Restrictive covenant provision in employment contract is unenforceable on public policy grounds.
Employment Law Jun. 22, 1999
Walters v. Metropolitan Educational Enterprises Inc.
Title VII requires employ of 15 or more for each working day, 20 or more weeks during year.
Employment Law Jun. 22, 1999
Campbell v. California State Personnel Board (California Department of General Services)
State's interest in harmonious operation of its agencies outweighs employee's free speech interests.
Employment Law Jun. 22, 1999
Brundage v. County of Los Angeles Office of the Assessor
Termination of employee who abandons job because of undisclosed manic-depressive disorder is not disability discrimination.
Employment Law Jun. 22, 1999
Thompson v. Holy Family Hospital
Employee's 25-pound lifting restriction isn't disability under Americans with Disabilities Act.
Employment Law Jun. 21, 1999
Camp v. Pacific Financial Group
ERISA pre-empts state law claims alleging wrongful inducement when damages result from mismanagement.
Employment Law Jun. 20, 1999
Ostrach v. Regents of the University of California
Individuals are liable for damages under ADA retaliation provision, but no liability for disability discrimination.
Employment Law Jun. 20, 1999
Sada v. Robert F. Kennedy Medical Center
Independent contractor, as applicant for employee position, is protected against retaliation for protesting discriminatory hiring.
Employment Law Jun. 17, 1999
Kraslawsky v. Upper Deck Company
Reasonable cause to believe employee was under influence is relevant to constitutional privacy claim.
Employment Law Jun. 17, 1999
Hashimoto v. Dalton
Former employer's retaliatory, negative job reference for employee is 'adverse personnel action' under Title VII.
Employment Law Jun. 17, 1999
Rea v. Matteucci
State can reclassify a position from permanent to at-will employment.
Employment Law Jun. 17, 1999
Phillips v. Gemini Moving Specialists
Termination of employee for asserting right to receive wages free of setoff violates public policy.
Employment Law Jun. 16, 1999
Trujillo v. North County Transit District
Employer isn't liable for failing to prevent discrimination or harassment if no discrimination or harassment occurred.
Employment Law Jun. 16, 1999
Lucas v. State of California
After involuntary termination, obtaining service retirement doesn't constitute voluntary resignation for reinstatement purposes.
Employment Law Jun. 15, 1999
Sullivan v. Delta Air Lines
Violation of the Alcohol and Drug Rehabilitation Act cannot support action for tortious wrongful termination.
Employment Law Jun. 15, 1999
Downs v. The Dept. of Water and Power of the City of Los Angeles
One-year statute of limitations is tolled during processing of charge by Equal Employment Opportunity Commission.
Employment Law Jun. 15, 1999
Summers v. A. Teichert & Son Inc.
In failure to accommodate action, plaintiff must show request for acceptable assignment and employer's refusal.
Employment Law Jun. 15, 1999
Jones v. The Pep Boys Manny Moe & Jack of California
Single claim involving benefits in employment case isn't enough to trigger ERISA pre-emption.
Employment Law Jun. 15, 1999
Lai v. Prudential Insurance Company of America et al.,
An employer is strictly liable for the acts of its supervisory employees.
Employment Law Jun. 15, 1999
Hersant v. California Dept. of Social Services
Employee claiming discrimination must offer substantial evidence that employer's non-discriminatory reason for demotion was pretextual.
Employment Law Jun. 14, 1999
Watson v. County of Riverside
Forcing deputy sheriff to write incident report without his counsel present violates due process.
Employment Law Jun. 14, 1999
Cione v. Foresters Equity Services Inc.
Arbitration is required between employee and employer in securities industry based on self-regulatory organization's rules.
Employment Law Jun. 14, 1999
Kimble v. Metropolitan Life Insurance Co.
ERISA plan administrator can base interpretation of beneficiaries on designation form despite contrary extraneous evidence.
Employment Law Jun. 12, 1999
Evans v. Runyon
Failure to present evidence sufficient to establish prima facie case of discrimination warrants dismissal.
Employment Law Jun. 12, 1999
Campbell v. The Aerospace Corp.
Wrongful termination action isn't pre-empted by ERISA if punitive damages sought for losing retirement benefits.
Employment Law Jun. 12, 1999
Creighton v. The Regents of the University of California
Limited offer of special incentives for early retirement can be withdrawn or altered before acceptance.
Employment Law Jun. 12, 1999
Cordova v. State Farm Insurance Companies
Hiring partner's disparaging comments about Hispanic co-worker is sufficient pretext evidence in employment discrimination case.
Employment Law Jun. 12, 1999
Cooper v. Neiman Marcus Group
Speech-disabled employee is effectively discharged by offered 90-day probationary period to improve persistent impediment.
Employment Law Jun. 12, 1999