Implied Employment Contract
An employment contract can be a traditional written agreement, but may also be implied from verbal statements by the employer, memoranda, handbooks, or policies adopted during the employee's employment.
Getting Hired Legal Dos & Don'ts
What does the law have to do with getting a job? Plenty. Your future employer is subject to legal restrictions that affect what the company's employment advertisement may contain, what the employer is allowed to ask you in the interview, and what kind of pre-employment testing it can give. Some laws also affect how you conduct yourself in the job-hunting process. The following list provides a few simple Dos and Don'ts to help you get your foot in the door.
[10/01] Halliburton Energy Services v. Dept. of Transportation
In consolidated cases, summary judgment in favor of defendant Halliburton is affirmed, where: 1) the undisputed facts demonstrated that defendant cannot be held vicariously liable for the tortious conduct of its employee; 2) the employee was not acting within the scope of his employment at the time of the motor vehicle accident; and 3) the requirements for imposing respondeat superior liability cannot be established.
[09/27] Abdullah v. U.S. Security Associates, Inc.
The district court's order certifying a class of former and current employees of defendant, who allege that defendant committed numerous violations of California labor law, is affirmed, where: 1) the district court did not abuse its discretion by certifying a meal break sub-class, 2) plaintiffs' claims will yield a common answer that is "apt to drive the resolution of the litigation," and 3) common issues of law or fact will predominate.
[09/27] American Corporate Security, Inc. v. Su
The trial court properly denied a petition for a writ of mandate which requested that the defendant Labor Commissioner retract a determination that plaintiff committed a violation of the Labor Code, where, although defendant issued the determination three years after the filing of an employee's complaint, rather than the required sixty days, plaintiff has an adequate legal remedy because it can raise the issue of procedural unfairness in defense to defendant's action to enforce the order.
[09/26] Peng v. First Republic Bank
The trial court's denial of defendant-employer's motion to compel arbitration of plaintiff's claims for employment discrimination, intentional infliction of emotional distress, and wrongful termination, is reversed and remanded, where the arbitration agreement is not unconscionable.
[09/24] Castle v. Eurofresh, Inc.
Summary judgment for defendants in an action brought by plaintiff-prisoner, alleging that defendants violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (RA) by failing to reasonably accommodate his disability at a prison job, is: 1) affirmed in part, where plaintiff's claims against the private company contracting with the Arizona Correctional Industries were properly dismissed because plaintiff did not have an employment relationship with the private company contractor within the meaning of the ADA, and the private company did not receive federal financial assistance, so it was not subject to the RA; but 2) reversed in part and remanded, as to the state defendants, where those defendants could be held liable for acts of disability discrimination committed by its contractor.