Employment Litigation Archives

Better Late Than Never - Late Notice May Not Be Detrimental To Coverage Under An Occurrence Policy

As anyone who has ever tried to read through an insurance policy can attest, there are pages upon pages of terms, conditions, exclusions, limitations, definitions, and ... notice requirements. Most notice requirements in policies mandate that notice of a claim be provided in a prompt or timely manner. While the failure to strictly adhere to the policy's notice requirements can result in a forfeiture of coverage, late notice may not always be detrimental. In Marty Lat v. Farmers New World Life Insurance Company (10/16/18 Court of Appeal 2nd Dist.), the Court of Appeal held that an insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless the insurer can show actual prejudice from the delay.

New Appeals Court Decision Makes It Harder for Businesses to Protect Themselves from Ex-Employees

In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., the Court of Appeal held that a "Nonsolicitation of employees" provision of a standard Confidentiality and Non-Disclosure Agreement signed by employees who later left to compete against their former employer was void and unenforceable as an improper restraint of the employees' right to practice in their chosen profession.

You May Have To Allow Your Employee To Bring Her Emotional Support Parrot To Work With Her

California's Fair Housing and Employment Act ("FEHA") makes it illegal to discriminate on the basis of age, religion, color, gender identity, national origin, race, marital status, familiar status, sexual orientation, or physical or mental disability. As faithful readers to this newsletter are well familiar, the FEHA applies to employers, but it also applies to property managers, lenders, public entities, realtors, rental owners and anyone working in the housing industry. The FEHA broadly prohibits the treatment of a member of any protected class unequally to others or refusing to make reasonable accommodations.

3 Items For Your Winter Corporate Check-Up

One of BKCG's main goals is to help our clients avoid legal problems from occurring in the first place and, with that in mind, based on our clients' experiences and recent legal developments, we suggest you consider doing the following 3 things to help your company stay out of legal peril.

Former college professor files employment litigation claim

Many California college professors understand the meaning of non-tenured work. Some have faced challenges regarding one-year contracts, such as a now former-professor in another state. Under such agreements, a college can decline to renew said contracts without giving explanation of their decisions to their employees. This has led some, including the man in another state, to believe administrators are using this as a loophole to prevent employees from gaining tenure, which may then lead to employment litigation.

Jury duty led to one man's employment litigation

In California and all other states, those summoned for jury duty may have to miss work. It's par for the course insofar as civic duties are concerned, and most employers are used to granting days off when workers receive their selection notices in the mail. For one man, however, the experience did not play out quite like he thought it would.  After fulfilling his civic duty, he was fired from his job and has since commenced employment litigation against his former employer.

Employment litigation may be needed if disputes remain unresolved

Employment and labor laws can be quite complex and are often subject to change. Many California workers know what it's like to be wrongfully terminated or discover improper deductions from their paychecks. Such issues often lead to disagreements that, when involved parties are unable to resolve, lead to employment litigation.

Determining whether employment litigation is necessary

California employers face a number of challenges on any given day in the workplace. Maintaining amicable and appropriate relationships with employees is typically a priority to keep things running smoothly and productivity and profit levels high. When a worker files a complaint or claims an employer has been unjust, stressful situations may evolve that lead to employment litigation.

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