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Union Pacific Railroad Co. v. Mower
Under Oregon law, former employee's implied duty of confidentiality is superseded by unambiguous terms of resignation agreement.
Employment Law Oct. 5, 2000
Braunling v. Countrywide Home Loans Inc.
Disabled worker who is not qualified for present position, with or without reasonable accommodation, may not maintain ADA claim.
Employment Law Oct. 5, 2000
Bins v. HLH Exxon Company U.S.A.
Employer who administers ERISA plan has duty to provide truthful information about potential plan changes under serious consideration.
Employment Law Oct. 4, 2000
Armendariz v. Foundation Health Psychcare Services Inc.
Employees may be compelled to arbitrate antidiscrimination claims if arbitration vindicates worker's statutory rights by meeting certain requirements.
Employment Law Oct. 4, 2000
Johnson v. City of Loma Linda
Public employee's adverse findings in administrative proceeding are binding in discrimination claims under state fair employment act but not federal civil rights act.
Employment Law Oct. 3, 2000
Wells v. Shalala
Employee who fails to provide proposed reasonable accommodation does not qualify for relief for alleged discrimination based on disability.
Employment Law Oct. 3, 2000
Reno v. Baird
Fair Employment and Housing Act doesn't exempt individual supervisors from liability in wrongful discharge claim.
Employment Law Sep. 25, 2000
White v. Ultramar Inc.
Discharge of employee for testifying at fellow employee's unemployment benefits hearing violates public policy.
Employment Law Sep. 24, 2000
Asmus v. Pacific Bell
Whether an employer may unilaterally rescind a unilaterally adopted policy is an open question under California law.
Employment Law Sep. 24, 2000
Peatros v. Bank of America NT & SA
National Bank Act preempts state law employment suits where bank's Board approves of bank officer's termination.
Employment Law Sep. 24, 2000
Asmus v. Pacific Bell
Employer may unilaterally terminate policy if time and notice is reasonable and does not interfere with employee benefits.
Employment Law Sep. 20, 2000
Morillion v. Royal Packing Co.
Employees required to travel to work site on employer's buses must be paid for travel time.
Employment Law Sep. 20, 2000
Cisneros v. Wilson
Worker who failed to show reasonableness of her requested leave could not prevail on her disability discrimination claim.
Employment Law Sep. 20, 2000
Cadena v. The Pacesetter Corporation
Affirmative defense to Title VII liability is not available to employer that failed to address employee's sexual harassment complaints.
Employment Law Sep. 20, 2000
Eddy v. Autoliv Asp Inc.
Order
Employment Law Sep. 19, 2000
Messina v. City of Federal Heights
Order
Employment Law Sep. 19, 2000
Thomas v. National Association of Letter Carriers
U.S. Postal Service does not discriminate against employee based on religion when it fails to accommodate employee in violation of valid labor agreement.
Employment Law Sep. 19, 2000
Evans v. Dean Foods Co.
Order
Employment Law Sep. 19, 2000
Chuang v. University of California Davis
Chinese American scientist establishes prima facie case of racial discrimination by showing he was qualified but failed to receive position as tenured faculty.
Employment Law Sep. 7, 2000
Special Fund Division v. Arizona Dept. of Transportation
Administrative law judge properly apportioned compensation for employee's successive injuries.
Employment Law Sep. 5, 2000
Murcott v. Best Western International Inc.
Employer is liable when company directors testified that employee's whistleblowing activities motivated discharge.
Employment Law Sep. 5, 2000
McLean v. Runyon
U.S. Postal Service must include vacant positions with equivalent level of pay to current position when reassigning disabled worker to equivalent job.
Employment Law Aug. 31, 2000
Moretto v. Samaritan Health System
Separate back injury incurred while employee is receiving physical therapy for industrial knee injury is compensable under Workers' Compensation Act.
Employment Law Aug. 30, 2000
Radici v. Associated Insurance Cos.
The Consolidated Omnibus Budget Reconciliation Act provisions of the Public Health Services Act do not preempt state benefit laws.
Employment Law Aug. 30, 2000
Sandy v. AHS Reliance Life Insurance Co.
'Full and fair review' language in disability plan does not unambiguously grant insurer power to determine employee eligibility .
Employment Law Aug. 29, 2000
Van Gerwen v. Guarantee Mutual Life
District Court abuses discretion when adjusting, without explanation, attorney fees to reflect quality of work but not when refusing to award fees for work unrelated to record.
Employment Law Aug. 25, 2000
Brooks v. City of San Mateo
Under Title VII, single episode of sexual harassment, followed by removal of harasser, does not support hostile work environment claim.
Employment Law Aug. 25, 2000
McCullah v. Southern California Gas Co.
Class certification is denied in employment discrimination case for failure to establish well-defined community of interest among purported class members.
Employment Law Aug. 25, 2000
Frank v. United Airlines Inc.
Airline's weight limit requirement that applies less favorably to women employees than men employees is facially discriminatory.
Employment Law Aug. 25, 2000
Kendrick v. Penske Transportation Services Inc.
Retaliation claim fails because letter of termination is dated two days prior to act it claims to be in retaliation of.
Employment Law Aug. 23, 2000