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Schikore v. Bankamerica Supplemental Retirement Plan
Employee who proved that she mailed required form may be entitled to ERISA benefits despite employer's claim that form was never received.
Employment Law Oct. 21, 2001
Griffin v. Steeltek Inc.
Unlawful questions on employment application about medical history did not lead to disability discrimination.
Employment Law Oct. 19, 2001
Tate v. Farmland Industries Inc.
Disabled employee didn't gave requisite skills, as determined by employer, to perform job.
Employment Law Oct. 16, 2001
Torres v. Parkhouse Tire Service
Under statute allowing injured employee to sue another employee, court properly instructed jury that injured employee must prove other employee intended injury.
Employment Law Oct. 15, 2001
Welch v. Oakland Unified School District
School district's employment contracts violate Education Code provision which requires minimum of 30-days notice and opportunity to appeal when terminating employee.
Employment Law Oct. 15, 2001
Bachelder v. America West Airlines Inc.
Employer violates Family and Medical Leave Act by considering protected absences in decision to fire employee.
Employment Law Oct. 9, 2001
Motion Picture Industry Pension & Health Plans v. N.T. Audio Visual Supply Inc.
Health and pension plan trustees satisfied burden of production by providing evidence that employer failed to maintain records and make proper payments.
Employment Law Oct. 8, 2001
Bennett v. Quark Inc.
Plaintiff's case did not warrant tolling because it failed to show evidence of active deception by employer.
Employment Law Oct. 7, 2001
Hensley v. Northwest Permanente P.C. Retirement Plan and Trust
In denying benefits, ERISA plan administrators didn't abuse discretion by applying W-2 definition of employee instead of federal common law definition.
Employment Law Oct. 4, 2001
Soltani v. Western & Southern Life Insurance Company
Contracts that decrease statute of limitations to six months are not unconscionable and may be validly enforced.
Employment Law Oct. 4, 2001
Richards v. CH2M Hill Inc.
Continuing violation doctrine isn't viable when premised on series of discrete, discriminatory acts that were apparent before limitations period commenced.
Employment Law Oct. 2, 2001
Richards v. CH2M Hill Inc.
Continuing violation doctrine isn't viable when premised on series of discrete, discriminatory acts that were apparent before limitations period commenced.
Employment Law Sep. 20, 2001
McIntyre v. Board of Retirement of Santa Barbara County Employees' Retirement System
Board of Retirement has statutory authority to investigate retirement disability claims.
Employment Law Sep. 12, 2001
Barber v. TD Williamson Inc.
Successful lawsuit for racially hostile work environment may lead to award of nominal damages.
Employment Law Sep. 10, 2001
Thiessen v. General Electric Capital Corp.
District court abuses discretion in decertifying class and dismissing individual claims of age discrimination.
Employment Law Sep. 10, 2001
Nichols v. Azteca Restaurant Enterprises Inc.
Male employee who is repeatedly taunted by co-workers for effeminate behavior has suffered sexual harassment.
Employment Law Sep. 9, 2001
Finegan v. County of Los Angeles
In wrongful termination case, 'after-acquired evidence' may be admitted to show that employee was not qualified for job.
Employment Law Sep. 9, 2001
Hansen v. Aerospace Defense Related Industry District Lodge 725 of the International Association of Machinists and Aerospace Workers
Labor Relations Management Act pre-empted employees' wrongful discharge claims.
Employment Law Sep. 6, 2001
Roberts v. King County
King County ordinance requires equal pay for equal work, but county has discretion regarding implementation.
Employment Law Aug. 28, 2001
Tjart v. Smith Barney
Arbitration of alleged civil rights violations is proper where claimant signed valid employment agreement containing arbitration clause.
Employment Law Aug. 28, 2001
Ortiz v. Norton
Court errs in granting summary judgment when genuine issues of material fact are raised by employee's evidence.
Employment Law Aug. 24, 2001
City of Vancouver v. Perc
Employer's questions directed to bargaining unit members do not amount to unfair labor practice if legitimate interest exists for investigation.
Employment Law Aug. 24, 2001
Block v. City of Los Angeles
Partial-week suspensions imposed against salaried-city employees for breaking rules unrelated to safety violated Fair Labor Standards Act.
Employment Law Aug. 23, 2001
Pinedo v. Premium Tobacco, Inc.
Arbitration agreement unenforceable where used as one-sided mechanism to disadvantage employee rather than true alternative to litigation.
Employment Law Aug. 22, 2001
Morgan v. City of Los Angeles Board of Pension Commissioners
City charter does not permit police officers' incentive pay to be included in calculation of pensions.
Employment Law Aug. 22, 2001
D'Sa v. Playhut Inc.
Public policy is violated despite severability and choice-of-law provisions in employment contract that contains illegal covenant not to compete.
Employment Law Aug. 22, 2001
Professional Engineers in California Government v. State Personnel Board
Career Executive Assignment program regulations that allow selection of applicants without ranking violate constitutional requirement that system be based on merit.
Employment Law Aug. 22, 2001
Bulman v. Safeway Inc.
Fired employee may not claim wrongful discharge based on personnel policies he was not aware of at time of termination.
Employment Law Aug. 14, 2001
Currie v. WCAB
Workers' compensation board must include prejudgment interest in award of back wages to wrongfully terminated employee.
Employment Law Aug. 14, 2001
Dudley v. Dept. of Transportation
Former Caltrans employee can amend complaint to state claim for retaliatory discharge.
Employment Law Aug. 13, 2001