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Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act.
Employment Law Aug. 19, 1999
Maclean v. State of Arizona (Dept. of Education)
Woman with asthma who presented evidence of employer's failure to accommodate and retaliation raised triable issue under the Americans with Disabilities Act.
Employment Law Aug. 11, 1999
Hicks v. Pacific Bell
No breach of implied convenant of good faith where employer makes good faith determination misconduct occurred.
Employment Law Aug. 10, 1999
Wehrli v. County of Orange
State administrative decision, made without record, on employee's wrongful discharge claim doesn't have preclusive effect on employee's federal suit.
Employment Law Aug. 6, 1999
McElwaine v. US West Inc.
Employee who sues employer is entitled to award of attorney fees under ERISA, despite employer's intention to pay wrongly withheld benefits.
Employment Law Aug. 6, 1999
Walters v. Maricopa County
Administrative remedy for wrongful discharge is permissive, and doesnt preclude filing suit instead.
Employment Law Aug. 5, 1999
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus.
Employment Law Aug. 5, 1999
Cotran v. Rollins Hudig Hall International, Inc.,
No Wrongful Termination if EmployerHas Reasonable Good Faith BeliefThat Employee Sexually Harassed Others.
Employment Law Aug. 3, 1999
Lawson v. Umatilla County
At-will status is not changed when unambiguous disclaimer precludes personnel policies from creating employment contract.
Employment Law Aug. 2, 1999
Mayer v. Multistate Legal Studies Inc.
Wrongfully terminated plaintiff can recover contract damages for period when he received disability benefits.
Employment Law Jul. 27, 1999
Alexander v. Nextel Communications Inc.
Failure to have jury decide issue of whether employment was terminable at-will is prejudicial error.
Employment Law Jul. 27, 1999
Brown v. General Telephone Company of California
Claim for discriminatory actions taken before effective date of Americans with Disabilities Act is barred.
Employment Law Jul. 27, 1999
Lane v. Hughes Aircraft
Employee can rely on indirect or circumstantial evidence to show race-based discrimination.
Employment Law Jul. 27, 1999
Feminist Women's Health Center v. Superior Court (Jenkins)
No wrongful termination for privacy violation if employee agrees to physical exhibition as employment condition.
Employment Law Jul. 26, 1999
Folkerson v. Circus Circus Enterprises Inc.
Title VII action fails after employee doesn't establish employer's ratification of sexual harassment by private party.
Employment Law Jul. 26, 1999
Magana v. Commonwealth of the Northern Mariana Islands
Public employee cannot sue Mariana Islands Commonwealth for money damages absent legislative cause of action.
Employment Law Jul. 25, 1999
Gutowsky v. County of Placer
Termination date starts statute of limitations running on claim against government for gender discrimination policy.
Employment Law Jul. 25, 1999
Robinson v. Shell Oil Co.
Former employee is entitled to sue employer under Title VII for alleged retaliatory negative job reference.
Employment Law Jul. 20, 1999
Green v. Ralee Engineering Co.
Triable issue exists on whether aircraft parts inspector was fired for complaints about defective parts.
Employment Law Jul. 19, 1999
Hodge v. Dalton
Uniformed servicemembers are excluded from coverage under Title VII of 1964 Civil Rights Act.
Employment Law Jul. 19, 1999
Philips v. Perry
U.S. Navy can discharge member who admits engaging in off-duty homosexual acts with civilians.
Employment Law Jul. 19, 1999
Philips v. Perry
U.S. Navy can discharge members who admits engaging in off-duty homosexual acts with civilians.
Employment Law Jul. 19, 1999
Mullins v. Rockwell International Corp.
Statute of limitations runs from actual termination date in any contract action for wrongful termination.
Employment Law Jul. 18, 1999
Green v. Ralee Engineering Co.
Triable issue exists on whether aircraft parts inspector was fired for complaints about defective parts.
Employment Law Jul. 16, 1999
IT Corp. v. General American Life Insurance Co.
Plan administrator can qualify as fiduciary subject to suit by plan or participant under ERISA.
Employment Law Jul. 15, 1999
Camarena v. State Personnel Board (Department of Food and Agriculture)
State agency can delegate power to agricultural association to discharge state employee.
Employment Law Jul. 14, 1999
Nelmida v. Shelly Eurocars Inc.
Title VII filing period begins when postal service attempts delivery of right-to-sue letter to employee.
Employment Law Jul. 13, 1999
Klitzke v. Steiner Corp.
Fair Labor Standards Act doesn't apply to intrastate motor private carriers of out-of-state goods.
Employment Law Jul. 10, 1999
Suidan v. County of San Diego
Superior court can delegate administrative powers to its executive officers, such as authorizing the removal of judicially appointed personnel.
Employment Law Jul. 7, 1999
Green v. Ralee Engineering Co.
Triable issue exists on whether aircraft parts inspector was fired for complaints about defective parts.
Employment Law Jul. 7, 1999