Sunday, June 26, 2011

California Labor Law Update: Recent Court Decisions Favor Employers

State of California, the liberal, pro-worker court system is notoriously complex rules for employment.However, many high-profile court case in California recently favored the employer, the employment offer some relief to the constant barrage of lawsuits.

In one case, a mentally disturbed employee other Orange County, California working for the city threatened the staff commented. He was fired, and sued for disability discrimination.

The good news for employers is that if an employee is violent, threatening statements, or in clear violation of company policy, they act out of fear of violating the Disability Discrimination should not be afraid to take - for a safe obligation to maintain the environment takes precedence for other employees.

In another case, an employee for personal use in California using a company computer, especially on the private affairs to make contact with a lawyer was caught. Email the employer against the employee in court later found and used materials. California cases have gone their way through the court system, and finally heard by the Supreme Court of the United States.

Third case, a police department in the Municipality of Ontario, California, the staff can be sent to the pager text message. Many of which were personal and sexually explicit - - later this month to review the messages to determine why access was so much more. Supreme Court, even assuming that the employees had a reasonable expectation of privacy in the messages, those messages did not violate the Fourth Amendment review. Employers find any legitimate government purpose and was inspired by the work was not excessive in scope, and therefore was justified under existing precedent. Like the previous case, the U.S. Supreme Court determined that allowing employers to check email and text pagers if they were work-related searches.

Finally, in the year's most anticipated of lawsuits, 1600000 female employees of Wal-Mart claimed that she worked in the culture of gender discrimination. The Wal-Mart, the largest sexual harassment lawsuit against a class-action lawsuit in history! California's Ninth Circuit Court of Appeals found in favor of class action, and the matter was brought to the U.S. Supreme Court. Supreme Court overturned the Ninth Circuit, stating that employees had the right to pursue their own individual cases, but the class action "common elements" lacks.


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