The Value and Risks of Severance and Release Agreements

By:  Brendan J. Begley

In appropriate circumstances, a severance agreement containing release-of-claims provisions may be the most desirable way to end an employment relationship with an employee. Such agreements can facilitate a smooth transition while greatly reducing the employer’s exposure to costly lawsuits alleging wrongful termination, discrimination, retaliation, or other theories of recovery. However, there can be downsides to such agreements too.

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THE EEOC IS "OFF TO THE GINA RACES"

JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION

By:  Lizbeth V. West, Esq.

The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center in Corning, N.Y.

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EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities

By:  Lizbeth V. West, Esq.

On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

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DATE EXTENDED: Health Care Reform Seminar - What Employees Need to Know

with Special Guest Speaker, Vincent Catalano from Arthur J. Gallagher & Co., Inc.

Due to overwhelming demand, we have scheduled a second session of the Health Care Reform seminar.  Registration for the May 21, 2013 session is full.

A second session has been scheduled as follows:

Date:    May 22, 2013
Time:   12:00 p.m. – 2:00 p.m.
Location:  Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento

Registration begins at 11:30 a.m. Light snacks and water/coffee/soda will be served.

To register for the second session, please contact Ramona Carrillo at rcarrillo@weintraub.com or (916) 558-6046.
 

EEOC SETTLES ITS FIRST "GINA" LAWSUIT FOR GENETIC DISCRIMINATION - An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?

By:  Lizbeth V. West, Esq.

On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world's largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.

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Which Way To Go On The Interactive Process?

Employers: Act Fast or Weaken Your Trade Secret Case

By: James Kachmar

When one or more of your key employees leaves to join a competitor and begins soliciting your customers, one of your strongest weapons under California’s trade secret laws is the ability to obtain an immediate temporary restraining order to stop your former employee and his or new employer from unlawfully competing against you. Many trade secrets cases can be won or lost at the early TRO/preliminary injunction stage. However, it is imperative that employers act fast to protect their rights or they may find that their trade secret case is weakened. Employers may, when faced with departing employees who are soliciting their customers, take a wait and see approach to determine the amount of damage and whether it is worthwhile to hire an attorney to pursue the matter in the court system. While this may make sense from a business approach, it can adversely impact the employer’s remedies should it eventually decide to pursue a lawsuit.

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NLRB Provides Further Guidance (and Restrictions) for Employer Investigations

By: Alden J. Parker

Many employers’ employee handbooks contain policies regarding how investigations of possible employee misconduct will be handled. These policies regularly include admonishments to employees about maintaining the confidentiality of the investigation. What many employers do not consider when creating these policies is their implication of Section 7 of the National Labor Relations Act and protected concerted activity. 

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Upcoming Seminar: Health Care Reform - What Employers Need to Know

With Special Guest Speaker, Vincent Catalano from Arthur J. Gallagher & Co., Inc. 

The Supreme Court has spoken and the Patient Protection and Affordable Care Act (“PPACA”) is here to stay. It is now critical that employers of all sizes learn how the PPACA may impact their workplace. Join Weintraub Tobin, and special guest speaker, Vincent Catalano, MBA, Area Vice President/Employee Benefits Consultant from Arthur J. Gallagher & Co., Inc., for this very timely and informative panel discussion about how employers can navigate the complexities of, and comply with, the PPACA.

Date:    May 21, 2013

Time:   9:30 a.m. - 11:30 a.m.

Location:  Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA

For more information and to register for this seminar, please click here.

 

 

Upcoming Training: Mandatory AB1825 Sexual Harassment Prevention Training

The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations.

If you are an employer with 50 or more employees, and have supervisors who have not yet been trained, this training is a must. We look forward to hearing from you and helping you comply with your continuing sexual harassment training obligations. 

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