Dallas 972.253.4440 | Santa Barbara 805.884.9922

Employment Law in California

 

Expert Witness Fees Are Available Under California Fair Employment and Housing Act (FEHA)

18Feb2014Posted by Kenton Brice in California Law Questions, Civil Litigation Law in California, Employment Law in California, Law Blog for California and Texas

Litigation attorneys frequently think about making a settlement offer under Code of Civil Procedure section 998.  If the defendant does not accept the offer and the plaintiff achieves a result that is greater than the offer, the Court can award expert witness fees.  Let’s face it…

Are Attorneys Now Insulated From Malpractice During Mediation?

15Feb2014Posted by Kenton Brice in California Law Questions, Civil Litigation Law in California, Employment Law in California, Law Blog for California and Texas, Law Questions by California Cities

Are Attorneys Now Insulated From Malpractice During Mediation? By Matthew Mong Have you ever wondered if something you said or did during a mediation could come back to haunt you? The California Supreme Court recently addressed the scope of California’s mediation confidentiality statutes in Cassel…

California Supreme Court Pays Non-California Residents Time-And-A-Half

15Feb2014Posted by Kenton Brice in California Law Questions, Civil Litigation Law in California, Employment Law in California, Law Blog for California and Texas

California Supreme Court Pays Non-California Residents Time-And-A-Half  By: Matthew N. Mong Every day, thousands of out-of-staters enter California to work.  However, until recently, it was undecided whether California’s overtime laws applied to these individuals.  In Sullivan v. Oracle Corporation, No. (2011) S170577, the California Supreme Court…

The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.

07Feb2014Posted by Legal Staff in California Law Questions, Employment Law in California, Law Blog for California and Texas

On December 13, 2013, the California Court of Appeal held that Jorge L. Vasquez did not state a valid legal claim for constructive termination in violation of public policy. The employee claimed that the employer violated the Labor Code by assigning him tasks that required…

What you should do when faced with workplace harassment or discrimination

07Feb2014Posted by Legal Staff in California Law Questions, Employment Law in California, Employment Law in Texas, Law Blog for California and Texas, Law Questions by California Cities, Texas Law Questions

Christman, Kelley & Clarke recommends that an employee who is faced with harassment or discrimination do the following: 1. Tell the person to stop, both verbally and in writing. It is always very important to have evidence of your communications with your employer. 2. Review…

Christman, Kelley & Clarke Wins Sexual Harassment Trial Against a 7-Eleven franchisee

07Feb2014Posted by Legal Staff in California Law Questions, Employment Law in California, Law Blog for California and Texas, Law Questions by California Cities

Some cases have to be tried. Christman, Kelley & Clarke shareholder Matthew Clarke headed the trial team along with associate Matthew Mong against 7-Eleven franchisees in a eight day trial in Santa Maria, California. Christman, Kelley & Clarke prevailed in the trial obtaining money damages…

Christman, Kelley & Clarke Wins Reinstatement for County of Santa Barbara Employee

07Feb2014Posted by Legal Staff in California Law Questions, Employment Law in California, Law Blog for California and Texas, Law Questions by California Cities

Christman, Kelley & Clarke attorney Matthew Clarke convinced the Santa Barbara County Civil Service Commission that the County of Santa Barbara wrongfully terminated a high level county employee. After a full evidentiary hearing and less than one hour of deliberations, the Commissioners unanimously reinstated the…

Christman, Kelley & Clarke settles sexual harassment lawsuit brought against well-known commercial cleaning franchisee

07Feb2014Posted by Legal Staff in Employment Law in California, Law Blog for California and Texas

Five women were subjected to horrible “hands on” sexual harassment by the same supervisor over the course of many months.  Christman, Kelley & Clarke fought for these women for over a year of litigation in Santa Barbara Superior Court.  On the eve of trial, the…

Causation in Wrongful Termination Cases – “Substantial Motivating Factor/Reason”

07Feb2014Posted by Legal Staff in Employment Law in California, Law Blog for California and Texas

Matthew Clarke | Christman, Kelley & Clarke, PC Another trial court has run afoul of the proper legal standard for causation in wrongful termination cases.  In MENDOZA v. WESTERN MEDICAL CENTER SANTA ANA, the plaintiff/employee claimed his report of sexual harassment caused defendant/employer to fire him. He…