Calvin Associates, Inc.

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“Give Employees a Chance to Explain Before Terminating Them”

December 17 2015, 5:13 pm

http://www.jdsupra.com/legalnews/give-employees-a-chance-to-explain-52552/

Bruce’s Summary: Sometimes the rush to justice, without good solid investigative work, just doesn’t pay off.  A candidate for termination should be able to explain their perspective of an event or events being considered as part of a company’s determination to terminate. “Due process and/or due diligence” on the part of the employer should include this opportunity. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

“Employers May Be Subject to Discrimination Claims by Staffing Agency Workers”

December 03 2015, 4:50 am

http://www.jdsupra.com/legalnews/employers-may-be-subject-to-15419/

Bruce’s Summary: Recently a third Circuit decision ruled that a temporary worker could proceed with discrimination charges against the employer for whom his employment agency assigned him to work. The Third Circuit used a Darden test which focused on the “Right of Control” and found sufficient evidence of joint employment. Main point: Make sure all antidiscrimination statutes are investigated regardless of the status of the party raising the complaint. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

California Law: Asking Potential Employees About Arrests and Convictions | Lathrop & Gage LLP – JDSupra

November 17 2015, 4:50 pm

http://www.jdsupra.com/legalnews/california-law-asking-potential-81757/

Bruce’s Summary: An ever occurring question by California employers and to a large extent HR Professionals concerns arrests and conviction records – what can I ask an applicant and when? The author presents a very good overview and breaks the questions down into what both Public and Private Employers may not ask, what State or Local agencies may not ask and what a Private Employer may ask. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

“Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation”

November 11 2015, 4:00 am

http://www.jdsupra.com/legalnews/ninth-circuit-gives-eeoc-broad-access-10270/

Bruce’s Summary: A recent decision by the Ninth Circuit Court of Appeals confirmed the EEOC’s broad authority to obtain sensitive personal information about employees similarly situated to the charging party during an investigation. During a recent EEOC investigation of an employer alleged to have disparate impact against female employees in mandatory strength testing, the employer refused to share personal information about employees similar to the plaintiff. The Ninth Circuit affirmed the EEOC’s broad authority to obtain the information. Now employers may be better served to negotiate burdensome or sensitive requests with the agency. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer 10-30-15

November 05 2015, 5:43 pm

http://www.jdsupra.com/legalnews/cal-app-court-finds-in-favor-of-91533/

Bruce’s Summary: An employee’s personal item was stolen at work and she filed a Police Report. When the Police showed up several times at the work environment to question witnesses her employer fired her as they felt this was causing great tension and discomfort among the staff. The Plaintiff sued in California state court alleging retaliation and wrongful termination in violation of public policy and won. The appellate Court agreed – in California employers are exposed to potential liability when an employee makes any complaint to law enforcement, “regardless of whether the complaint relates to the employer’s conduct or not.” “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”

“SCOTUS to Decide Filing Period for Constructive Discharge Claims” 10-23-15

October 29 2015, 4:26 pm

http://www.jdsupra.com/legalnews/scotus-to-decide-filing-period-for-35008/

The Supreme Court will hear arguments in November to settle a circuit split as to when the clock starts running to pursue a Constructive Discharge claim. Constructive Discharge occurs when an employer unlawfully creates working conditions so intolerable that a reasonable person in the employee’s position feels forced to resign. Both public and private employees have time limitations on seeking mandatory advice prior to filing a Complaint in court. The central issue covers whether the clock starts the date the employee resigns or gives notice of resignation, or the date of the employer’s last alleged discriminatory act. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.

 

When Parent Has Been Unlawfully Fired, Can Kids Sue Employer? Court Overrules Precedent 10/14/15

October 20 2015, 2:56 pm

http://www.jdsupra.com/legalnews/when-parent-has-been-unlawfully-fired-87579/

The Connecticut Supreme Court has ruled that Connecticut children have the right to sue for loss of consortium in personal injury cases that involve the parent. In this ruling the court also overturned a decision made twenty years ago that found the children of a plaintiff were not entitled to compensation when a wrongful discharge forced the plaintiff to take a job much further away from home – the long commute depriving her kids of her love and affection. As with most cases, the courts put some restrictions or limits on the claim. Good overview. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet 10-9-15

October 15 2015, 4:40 pm

http://www.jdsupra.com/legalnews/a-friendly-reminder-from-the-eeoc-don-t-71261/

Large companies must keep all job applications on file for at least a year, sometimes two according to the Civil Rights Act Title VII. If you don’t have complete records how do you explain why you went with one candidate and not another? These laws have been on the books for a long time and should be a routine process to follow.  The EEOC’s suit against the Coca Cola Bottling Company referenced in this article explains why… “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”

“DOJ’s New White-Collar Policy Directs Prosecutors to Focus on Individual Accountability” 9-21-15

September 24 2015, 4:58 pm

http://www.jdsupra.com/legalnews/doj-s-new-white-collar-policy-directs-83099/

Bruce’s Summary: On September 9th, The DOJ introduced a new policy aimed at aggressively prosecuting individuals for white collar crimes.  In the past corporations could disclose improper practices to obtain credit from the government without disclosing the individuals involved. Now white collar criminals are no longer automatically protected if their companies cooperate with the DOJ in criminal proceedings. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” 

“5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid” 9-15-15

September 23 2015, 5:55 pm

http://www.jdsupra.com/legalnews/5-bad-hiring-firing-ideas-every-startup-17611/

Bruce’s Summary: Don’t overlook federal, state and local employment laws when trying to get your start-up launched. Take your time to ensure that all code is adhered to or it could cost your new company hundreds of thousands of dollars in back pay and fines. Make sure items including independent contractor vs. employee requirements, exempt v. non-exempt status, confidentiality and invention assignments, and commission plans are clear and in writing before you “open your doors.” It will save you in the long run. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”