Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against
Neutral Services: Workplace Investigations
The Labor & Employment attorneys at Weintraub Tobin specialize in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators. Our attorneys have conducted hundreds of investigations for private companies, for-profit companies, non-profit companies, cities, counties, and state
Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability
As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’” The U.S. Circuit Court of Appeals for the Ninth Circuit (“Ninth Circuit”) ruled in Santillan v. USA Waste of California, Inc., Case No. No. 15-55238, that Gilberto Santillan — a 53-year-old, Spanish-speaking garbage truck driver — did not have to “provide proof of employment eligibility.”
The appellate court said that was so because Santillan, who had worked for the employer for 32 years, had been fired and then reinstated shortly before his employer required him to provide such proof. It may come as a surprise to employers to learn that an employee who is fired and then reinstated may not have to prove his or her eligibility to work in the U.S. upon reinstatement, but that is the case under federal law. 
Continue Reading Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability
Neutral Services: We Help You Connect the Pieces
The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in:
- Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.
- Conducting independent investigations into complaints of misconduct in the workplace.
- Mediating employment disputes both pre and
“From Hiring to Firing” – The Life Span of the Employment Relationship
Date: February 23, 2017
Time: 9:30 a.m. – 11:30 a.m.
Summary of Program
The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners, human resource professionals, and managers avoid liability when they hire, discipline, and terminate employees.
Program