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Employment

We represent individuals, businesses and public entities in employment discrimination, sexual harassment, gender bias, wrongful termination, and negligent hiring and retention claims

California Employers Not Required To Ensure That Employees Take Their Meal Breaks

Sunday, October 31, 2010
By James Ficenec
California Employers Not Required To Ensure That Employees Take Their Meal Breaks

California law requires employers to provide at least a 30 minute meal break to employees working a shift longer than 10 hours.  An employee working longer than 10 hours is entitled to a second 30 minute meal break.  Further, employers are generally required to provide employees with a 10 minute rest break for every... »

Arbitration Clause In CEO’s Employment Agreement Found Unenforceable Where Employer Did Not Provide Copy Of Arbitration Rules

Thursday, October 21, 2010
By James Ficenec
Arbitration Clause In CEO’s Employment Agreement Found Unenforceable Where Employer Did Not Provide Copy Of Arbitration Rules

Many employers require their employees to sign an employment agreement that provides for binding arbitration of claims arising from the employment.  While such clauses are generally enforceable, courts will not enforce arbitration clauses that are deemed to be unconscionable.  For example, in a recent case, the court refused to »

Employer May Be Liable For Wrongful Termination For Firing An Employee Upon Discovery That Employee Is Party To Unenforceable Noncompetition Agreement

Friday, August 6, 2010
By James Ficenec
Employer May Be Liable For Wrongful Termination For Firing An Employee Upon Discovery That Employee Is Party To Unenforceable Noncompetition Agreement

California generally permits employers to terminate employees without cause.  However, California law does not permit termination of an employee for a reason that violates public policy.  In Silguero v. Creteguard, Inc., the California Court of Appeal discussed these concepts in the context of an employee who signed a noncompetition agreement with her former employer. »

A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

Tuesday, April 27, 2010
By James Ficenec
A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

A mandatory binding arbitration clause is a common component of California employment agreements.  While California courts will enforce such clauses, they have been unwilling to grant complete deference to the arbitrator.  A recent California Supreme Court decision, Dental Supplies, Inc. v. Superior Court, further develops the law on this topic. Pearson Dental arose from... »

A Judgment For Misappropriation Of Proprietary Information Is Not Dischargeable In Bankrupty

Tuesday, January 12, 2010
By James Ficenec
A Judgment For Misappropriation Of Proprietary Information Is Not Dischargeable In Bankrupty

The Ninth Circuit Court of Appeals has established that a judgment for misappropriation of proprietary information is not dischargeable in bankruptcy.  Not every debt is dischargeable in bankruptcy.  Among debts that are not dischargeable are debts arising from fraud while acting in a fiduciary capacity, embezzlement or larceny (theft).  Similarly, debts arising from willful... »

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