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Palestini v. General Dynamics Corp.
Fraudulent concealment of work-related injury qualifies as exception to Workers Compensation Act.
Employment Law Oct. 1, 2002
City of Oakland v. WCAB
Employee is not entitled to workers' compensation benefits for psychiatric injury caused by demotion.
Employment Law Oct. 1, 2002
Esberg v. Union Oil Co. of California
FEHA's policy against age discrimination does not extend to furnishing educational assistance benefits.
Employment Law Oct. 1, 2002
Garrett v. Hewlett-Packard Co.
Forty-year-old African American male's negative performance evaluations may have been pretextual.
Employment Law Sep. 29, 2002
Pool v. VanRheen
Public employee did not suffer retaliation for engaging in constitutionally protected speech.
Employment Law Sep. 26, 2002
Ferguson v. Countrywide Credit Industries Inc.
Because employer's arbitration agreement is unenforceable based on doctrine of unconscionability, employee cannot be compelled to arbitrate employment discrimination claims.
Employment Law Sep. 26, 2002
Stevedoring Services of America v. Director, Office of Workers' Compensation Programs
Multiple employers are liable for worker's gradual loss of hearing.
Employment Law Sep. 26, 2002
Smith v. Diffee Ford-Lincoln-Mercury Inc.
In determining equitable relief, court is bound by jury's determination of factual issues common to both legal and equitable claims.
Employment Law Sep. 26, 2002
Westaff (USA) Inc. v. Arce
Because ERISA permits plan administrators to bring suit in federal court only for equitable relief, action seeking money judgment is dismissed.
Employment Law Sep. 25, 2002
Ramm v. City of Seattle
Police officers who lost promotions to those with lower test scores fail to show promotions system caused any harm.
Employment Law Sep. 25, 2002
Rodarte v. Orange County Fire Authority
Disabled firefighter, who exhausted vacation and sick leave, was not entitled to salary during disability retirement application process.
Employment Law Sep. 24, 2002
Herberg v. California Institute of the Arts
Sexual drawing of art school employee was not pervasive enough to create hostile work environment under Fair Employment and Housing Act.
Employment Law Sep. 24, 2002
Cunliffe v. Industrial Claim Appeals Office
Employee is not entitled to unemployment benefits when she attempted to rescind voluntary resignation.
Employment Law Sep. 23, 2002
Nance v. Sun Life Assurance Co.
Denial of long-term disability benefits for depression and back pain beginning after employee's termination is proper under ERISA.
Employment Law Sep. 17, 2002
Townsend v. Lumbermens Mutual Casualty Co.
District court must instruct jury that it may, but need not, infer discriminatory intent from disbelief of employer's explanation for termination.
Employment Law Sep. 17, 2002
Colarossi v. Coty US Inc.
Circumstantial evidence presented sufficient retaliatory motives for wrongful termination.
Employment Law Sep. 17, 2002
Puget Sound Energy v. Adamo
Employee who slipped and fell in employer's parking lot was entitled to benefits for injury.
Employment Law Sep. 15, 2002
Friedman v. Southern California Permanente Medical Group
Veganism is not religious creed within meaning of California Fair Employment and Housing Act.
Employment Law Sep. 15, 2002
Clayton-Brame v. Superior Court (In re Los Angeles County Dept. of Health Services)
Employee had no reasonable expectation of promotion despite selection of candidate with lower test score.
Employment Law Sep. 11, 2002
Rakity v. Dillon Co,
Plaintiff's lifting limitation is not disability within meaning of ADA.
Employment Law Sep. 9, 2002
Estes v. Wyoming Department of Transportation
State agency waives sovereign immunity when it removes action to federal court.
Employment Law Sep. 9, 2002
Davey v. Lockheed Martin Corporation
Opinion
Employment Law Aug. 29, 2002
Atascadero Unified School District v. Workers' Compensation Appeals Board
Workers' compensation benefits are not available for psychiatric injury caused by workplace gossip about personal life.
Employment Law Aug. 27, 2002
Pickern v. Holiday Quality Foods Inc.
Disabled plaintiff within the Americans With Disabilities Act does not need to attempt to gain access during the statutory period to establish actual injury.
Employment Law Aug. 25, 2002
Foster v. Alliedsignal, Inc.
Injured worker produced sufficient evidence of her retaliatory firing by employer to survive summary judgment.
Employment Law Aug. 25, 2002
Boeing Co. v. Heidy
Benefits for worker who suffers from hearing loss cannot be reduced merely because people his age suffer age-related hearing loss.
Employment Law Aug. 22, 2002
Walrath v. Sprinkel
Individual supervisor may be liable for retaliation against employee in violation of Fair Employment and Housing Act.
Employment Law Aug. 20, 2002
Wisehart v. Meganck
Claim that termination of employee was based on fraud does not constitute exception to employment at-will doctrine.
Employment Law Aug. 20, 2002
City of Port Orchard v. Dept. of Retirement Systems
Dept. of Retirement Systems is not required to reimburse cities for temporary disability benefits paid to law enforcement officers and fire fighters.
Employment Law Aug. 19, 2002
Putz v. The Industrial Commission of Arizona
Self-employed contractor who hired extra help 24 days over four month period did not constitute "regular employment" under worker's compensation statute.
Employment Law Aug. 16, 2002