News
[07/02]
467K jobs cut in June; jobless rate at 9.5 percent
[07/02]
Oil prices tumble as Europe and the US shed jobs
[07/02]
YRC, Teamsters end abbreviated week of talks
[07/02]
As deficit grows, Calif. prepares to issue IOUs
[07/02]
Euro zone unemployment hits 10-year high in May
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Articles
Implied Employment Contract
An employment contract can be a traditional written agreement, but may also be implied from verbal statements by the employer, memoranda, handbooks, or policies adopted during the employee's employment.
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Getting Hired Legal Dos & Don'ts
What does the law have to do with getting a job? Plenty. Your future employer is subject to legal restrictions that affect what the company's employment advertisement may contain, what the employer is allowed to ask you in the interview, and what kind of pre-employment testing it can give. Some laws also affect how you conduct yourself in the job-hunting process. The following list provides a few simple Dos and Don'ts to help you get your foot in the door.
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Case Summaries
[07/02]
Hughes v. Pair
Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.
[07/02]
Milholland v. Sumner Cty. Bd. of Educ.
In an Americans with Disabilities Act action alleging that Plaintiff teacher was transferred between positions based on her arthritis, summary judgment for Defendant is affirmed, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant regarded her as disabled.
[07/01]
Trustees of the Chicago Plastering Institute Pension Trust v. Cork Plastering Co.
In an action brought under the Labor Management Relations Act and ERISA, district court judgment is affirmed where: 1) the court did not err in admitting the audit report into evidence, as the report was not inadmissible hearsay; 2) the court properly allowed the the auditor's employee to testify about the report as he was qualified to lay a foundation for the admission of the report; and 3) the court's properly denied plaintiff's request to recover their auditors' fees, as plaintiff's did not meet the burden of showing that the requested costs were necessarily incurred and reasonable.
[07/01]
Muffley v. Spartan Mining Co.
In an action by the NLRB seeking an injunction requiring Defendant to offer employment to persons it had refused to hire because of union affiliation, judgment for Plaintiff is affirmed where the District Court properly considered the balance of harms and other equitable factors in issuing the injunction.
[06/30]
Scott v. Phoenix Schools, Inc.
In an employment termination action, trial court judgment is affirmed in part and reversed in part where: 1) there was substantial evidence that defendant violated public policy in dismissing plaintiff; and 2) there was insufficient evidence of malice, fraud or oppression to support the award of punitive damages.
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