This post was authored by Erin Kunze.
In 2009, Santa Barbara County, like many public agencies in California, faced a budget shortfall for the 2009-2010 fiscal year. In response, the County determined the need to lay off 35 employees, including employee Shawn Terris. Terris endeavored to exercise bumping rights, but it was determined that
CalPERS contracting agencies and schools should be aware that effective January 1, 2017, if an employee’s termination is overturned on appeal, back pay is not the only thing the employee will be able to recover. On June 21, 2016, we reported that Assembly Member Cooper introduced a new bill, AB 2028, which if passed, would
Yes, these are real cases involving real people.
Everyone in Southern California Would Need to be Accommodated If This Were a Disability
A former employee in New Jersey sued her employer for wrongful termination after she requested an accommodation for her disability: an inability to drive in rush hour traffic due to anxiety and depression.
Harris v. City of Santa Monica has been pending before the California Supreme Court since 2011. On December 4, 2012, the Supreme Court held oral arguments, and issued its long-awaited opinion on February 7, 2013. The issue pending before the Supreme Court was whether giving a mixed-motive jury instruction under California’s Fair Employment and Housing
Harris v. City of Santa Monica has been pending before the California Supreme Court since 2011. Melanie Poturica and I submitted an amicus brief in the matter, supporting the City’s arguments. On December 4, 2012, the Supreme Court held oral arguments and will issue its opinion within 90 days, in 2013.
In Harris, plaintiff
Disciplining employees is a necessary part of employment. However, employers often struggle with employees who engage in misconduct, especially where the employer believes the employees should be terminated. Recently, we came across the story of a Florida police officer which highlights the importance of conducting a thorough investigation before imposing discipline.
German Bosque is a
For every death certificate filed, there is one “manner” and one or more “cause(s)” of death. The manner is essentially whether it was accidental, natural, suicide, homicide or undetermined, but there can be only one. The cause, though, is more specific, such as exsanguination or a cardiopulmonary embolism and often times there is more than
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
Harris v. City of Santa Monica is currently pending before the California Supreme Court. It is unclear at this point when a decision will be handed down, but we are closely monitoring the case and will continue to do so. Oral arguments have not been held yet.
In Harris, plaintiff disclosed to her supervisor