California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: September 2011

“Last Chance Agreement” Failed To Contain Waiver Of “Skelly” Rights

Posted in Constitutional Rights, Litigation, Personnel Issues
This guest post was authored by James Oldendorph   On August 3, 2011, the Ninth Circuit U.S. Court of Appeals held that a public employee had not knowingly waived his right to a due process pre-termination hearing by signing a “last chance agreement,” and that the public employer violated his due process right by not… Continue Reading

Recent EEOC Disability Discrimination Lawsuits Are A Reminder To Employers To Comply With The ADA

Posted in Disability, Discrimination
Since the beginning of month, the U.S. Equal Employment Opportunity Commission (“EEOC”) has filed a dozen lawsuits against employers for disability discrimination.  Four lawsuits, which were filed in the Northern and Eastern Districts of the U.S. District Court, address various facets of disability discrimination. One of the cases was filed against Walgreens drug store for… Continue Reading

Fifth Circuit Rules Cheerleader’s Free Speech Claims Were Not Frivolous

Posted in Constitutional Rights, Education, First Amendment
On September 12, 2011, in John Doe and Jane Doe v. Silsbee Independent School District, the U.S. Fifth Circuit Court of Appeals in Texas ruled that a high school student will not be required to pay attorney’s fees to the school district for her First Amendment free speech claims, but she will be required to… Continue Reading

New CalPERS Reporting System Launches September 19th; Employers Must Ensure Legal PERS Practices Now To Avoid Possible Audits

Posted in Retirement
This post was co-authored by Steve Berliner By now every local agency that contracts with CalPERS is aware of the launch of the new reporting software known as My|CalPERS which will replace the former software, ACES.  My|CalPERS is set to go live with local contracting agencies on September 19, 2011.  While agency payroll staff are… Continue Reading

The Ninth Circuit Decides “Religious Banners” Case On First Amendment Rights Of Public School Teachers

Posted in Education, First Amendment
The U.S. Court of Appeals for the Ninth Circuit, in Johnson v. Poway Unified School District, yesterday issued a decision that answers numerous questions bearing on the First Amendment free speech rights of high school teachers.  At the core of Johnson is the extent to which high school teachers’ expression to students in the course… Continue Reading

“Me-Too” Evidence In Harassment Case May Be Used To Impeach Alleged Perpetrator’s Denial

Posted in Discrimination, Harassment
In the case of Pantoja v. Anton, Lorraine Pantoja worked as a receptionist/secretary for a law firm owned by Thomas Anton.  Pantoja alleges that Anton would slap her buttocks, touch her buttocks and leg, and once asked for a shoulder massage.  He also referred to his employees as “my Mexicans.”  Eventually, Anton called Pantoja a “stupid… Continue Reading

Employer Had “Reasonable Cause” For Termination Based On Job Abandonment And Did Not Discriminate Based On Employee’s Previous Military Leave

Posted in Military Leave, USERRA
It seems every employer has dealt with an employee who is chronically absent and fails to keep the employer informed of his or her absence.  Employers wonder “is this job abandonment?” “When is enough, enough?” and “What if the employee is not on a protected leave now, but was previously?  Does that look suspect if… Continue Reading