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Sexual Harassment Bait & Switch, the Cat’s Paw Theory

March 18, 2019 Legal Team
The Cat's Paw Theory. A phrase which might seem like a whimsical anecdote. But it's not so whimsical when you are being sued on the basis of it. Empress Ambulance found out the actual meaning behind this phrase after being sued by a former employee. The plaintiff had been fired after the employers were persuaded...
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Less Obvious Signs of Sexual Harassment

March 13, 2019 Legal Team
Although it may seem counter-intuitive, it is not always obvious that sexual harassment is occurring. When sexual harassment in any form occurs it disrupts the workplace, is costly in terms of morale/productivity, and leaves emotional (or sometimes physical) scars that can ruin careers. For employees, it is extremely important to recognize when sexual harassment is...
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“Can My Boss Fire Me Because I’m Pregnant?” and Other Pregnancy Discrimination Concerns

March 5, 2019 Legal Team
Kiyoko Rubio was assigned to the Hyatt House Hotel. She worked as a room attendant without incident until June of that year, when she was told she was being promoted to a supervisory role. Rubio states that “moments later”, she notified her supervisors that were present at the meeting that she was pregnant. Only six...
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Commissioned Employees and California’s Overtime Laws

February 28, 2019 Legal Team
In California, an employer is required to pay its employees overtime if the employee works in excess of eight hours a day or more than forty (40) hours a week. Overtime is compensated at the rate of no less than one and one-half times (1 ½) the regular rate of pay for an employee. However, there are...
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Written Disciplinary Notices: If I Don’t Sign Will I Be Fired?

February 27, 2019 Legal Team
The Court of Appeal in Paratransit v. UIAB, tackled a common wrongfully terminated question for employees, can my employer fire me for not signing a written disciplinary notice? According to the Court in the Paratransit case, the answer could be yes.Craig Medeiros, the employee who was fired, was a union member. His negotiated union contract required his employer to...
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