Free Speech in the Workplace
Free Speech in the Workplace
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Date Created: 04/15/14
Comm 172 41414 1147 PM 4214 free speech protected by the 1 amendment what does the law allow an employer to do Grading Midterm amp final On campus from 25 pm on Wednesdays At will the presumption is that you are employed but you can be fired for any reason no reason a bad reason and a logical reason Lifeguard video after it was posted they were fired Was the firing legal Yes because its on an at will purpose So they don39t even need a reason to be fired We will learn in this class how to make the firing illegal DeSean Jackson football player they fired him because they thought he was in a gang He was born in poverty and his friends were gang members but they fired him because he had friends that were gang members and thought he was a gang member Sexual harassment it is prevalent in the work place Unwanted physical contact If you said the employer raped the employee that is severe Can you employer fire you for certain dress that you wear Many people won39t employ you for having tattoos Lifestyle discrimination many states don39t have this If you have off duty behavior in certain states it might be protected Loyalty oats you swear certain allegiances to your employer What is a reason why someone wouldn39t want to sue People may judge you negatively if you file a lawsuit It is illegal to ask if you have been arrested Lawyers will work for you for free continqency work This means that when you get a recovery the way you pay your lawyer they get a percentage of it You are free to negotiate with the lawyer over contingency percentages Get insurance Counter sue Represent people sued for malicious prosecution Due to slap statue so it renders a death Slung because filed a lawsuit against you Slap statue this rendered a dead letter If you file a lawsuit based on protected activity If you lose on a slap motion you must pay the other side Generally there is nothing to lose Quid pro give me a blowjob and you can keep yourjob Severance package the written offer after you get fired They are paying you It is a release claim Independent contractor issue Hairdresser situation leaves perm in too long and burns the hair but they were best friends What would you do Sue the employer That presupposes the hairdresser is employed Are hairdresser s employees or independent contractors Hair stylists pay rent for their space sometimes they bring in their own suppHes They decided to sue They sued the employer the hair salon and the hair stylist If you want to get a haircut you call to make an appointment You call the hair salon This is Beverly hills and you park in valet they are an employer employed by the hair salon When you sit down they bring in espresso and coffee and magazines purchased by the employer Independent person does the wash employed by the employer not done by the hair stylist Before you get a wash you need to put a smock on with the name of the salon o If you are seeing a therapist they will use that against you They asked Fink if he knew they were in a fight with their husbands or that they are seeking therapy 0 So is the hairstylist an independent contractor or employee If you are sued as an independent contractor you need to have your own separate insurance 0 You should have a contract between hair stylist and salon Try to create the situation where the person looks like the independent contractor Read the FedEx cases who has the right to control LA Bites you want to eat at California pizza kitchen and they bring you 100 worth of pizza to your door LA bites gets 30 Through LA Bites tell you to go to CPK and go to the dorm the drivers have to pay LA bites for advertising get paid zero class certification if you file for this then it gets granted how to figure out a better resolution They reduce the amount they can39t pay 37 million and they would go out of business The judge determines if this is appropriate The LA bite is a good example of how guys are making a lot of money and ONE person can take you down Labor code 2802 they are being paid zero means they didn39t pay minimum wage didn39t pay overtime didn39t pay them proper checks The penalty is between 5 15000 One person can take you down for a misclassification If our house burnt down we have insurance Some people who have a small business have a problem to pay for insurance If you39ve been sued a lot you won39t get an insurance policy The smart thing would be to have insurance Table dancing go to nice establishment usually ladies are table dancing and you tip them You go into the clubs and you buy tokens Is the person an employee or independent contractor They are an employee What if the person got to choose her own song The token was sold by the management to you What if Fink tells them they can choose their own songs and wear their own clothes then this would be an independent contractor You have to spend a lot of money to get the customers to come to the establishment Labor code 2922 Comm 172 Notes 41414 1147 PM 4914 words are important in analyzing your rights Ideas from the readings If you go to work and they ask you to arbitrate or if you have a dispute they asked you to arbitrate What does arbitration mean It is a bad provision for us The employer is avoiding having these legal claims What type of person serves as an arbitrator Retired judges people who have been lawyers from 3040 years The employer must pay for all the costs associated with arbitration look at pg 6 in the book When you go into court who is hearing it The jury In the Fed Ex case Discussion of labor code 2802 says if you39re an employee you39re employer is responsible to reimburse you for all costs associated with your employment They didn39t reimburse them for all the miles that they were driving 0 2802 deals with reimbursement If you39re a male accused of sexual harassment then any time of harassment is a type of claim where you can be sued individually Your employer in CA is strictly liable If you39re being sued in connection with your employment your employer should reimburse you for the cost associated with your lawyer 2802 is an important statutory provision if you want to stop the illegal practice you need to court to issue an order Abercrombie amp Fitch models only white guys No blacks or Asians They are targeting to a certain look It is illegal and they got sued paid a settlement for 40 million They were only hiring people who fit this look to work there Attorney39s fees the winner in every lawsuit is the attorney Clearly case ways around at wi The America rule in this country when you39re involved in litigation there are only 2 ways for you to get the other side to pay attorney39s fees One is by contract For example we have a contract with the landlord in our apartment complex The second is by statute Because of the importance of civil rights congress and legislatures have given civil rights statutes of prevailing party provisions 2 people are friends one friend wants 1000 She doesn39t pay you back What do you do Class action the class gets certified If an employers made misclassification of one person You39re only looking at paying off one person If the class get s certified then it could change to millions of dollars It has to be approved by a judge There are various tests to determine if someone is an independent contractor If you hire a gardener to come to your house and have them clean your garden do you care how they get it done You just want to result to look perfect Then that39s an independent contractor You just want the grass to look clean Conversely a secretary is an employee What if you called her an executive assistant From the Estrada reading if it looks like a duck walks like a duck then it must be a duckquot They try to give people fancy titles some people will take less money to get a bigger title The test in the cases we read is the agency test There are various tests used The common law test is who has the right to control Think is it better or worse to be an employee or an independent contractor If you39re an independent contractor what are you loosing You39re loosing all the protections you would have as an employee You wouldn39t have the general protections against race discrimination you don39t get employee benefits Notes from this week39s readings Pg 46 notion of progressive discipline The discipline gets more severe as you have more infractions The first is an oral warning then written warning then suspension and then termination It is not consistent with at wi employment If you are the employer and want the at wi then you don39t want to take steps that are contrary to it This is good for the employee and it is a very important concept P 46 also doctrine called removal Fink sued Starbucks several times If you work for Starbucks and you39re a barista You close up at 10 and at 959 someone comes and put gun to your head but actually they came at 1001 when it needed to be closed at 10 pm and left some patio furniture But since you violated their policy you get fired Seems like they are now firing her because she will now have a mental disability and might have to go on a leave This reason doesn39t make any sense CA is the last state you want to do business in if you39re an employer Starbucks will remove the action to federal court they don39t want to be in state court In state court you do not need a unanimous jury you only need 9 And in federal you need an unanimous jury Federal judges are very smart and have the best law clerks in the na on In order to remove a case you need complete diversity You cannot sue an individual for a personnel decision You can sue a person for harassment Compulsory sef defamation you get fired and you don39t think you did anything wrong but the boss says that you stole Now you leave and have to get another job If it39s false then you can sue for defamation Most states have at wi 30 or more states have it Montana is the most employment friendly state When someone is fired you can look at different aspects Was it because you were a woman were gay were Catholic Etc There are some people who are employed not at an at wi basis Cause death disability or a crime or moral turpitude Rick Patino famous basketball player Had a big contract He was not fired Compare Patino to a guy named Bobby Patrino Bobby Patrino 18 million dollar mistake There was a student at Arkansas and she got a position Patrino was married with 4 kids He got in a bicycle accident and it happens that this woman was on the bike but he lied that she was there The biggest mistake is that he lied he didn39t come clean If you are ever in a position to command a written contract you need to hire a good lawyer Position that you can be fired for cause is if you39re a union employee Implied fact contact if you have this with your employer they need cause to fire you This is an exception around at wi Is a contract claim If you39re successful you only get contract damage and not attorney fees Clearly case he won Why was he able to stay to claim the implied fact contact One factor is longevity of service Second is oral assurance may be the employer Third is personal service of the employer Aussie Geon said that he loved Castro He was a dictator and many lives were lost But does Aussie has his rights to say that he loves Castro his first amendment right will not be violated if he is fired Martin talking about Sarah Palin and how someone should shit in her mouth He got fired Wrongful termination of public policies you get injured you say you want to file a workers comp 9 you get fired The labor code says you39re allowed to go to jury duty 9 you get fired Marvin Howard Fink Is a lawyer and had 3 kids who were lawyers He was working for 40 years and then got fired They were having a reduction force 9 got rid of all the high ranking Jews Good case of age discrimination Case about the casino You can quit but they say that you39re fired destructive discharge If you came to work everyday and you39re being harassed and they39re not doing anything about it You can quit and claim that you39re fired One employee can wipe you out and sue you for 1 million What39s the magic word Insurance EPLI POLICY EPLI protects you against employment claims discrimination termination You can negotiate with an insurance company you would want the best lawyer that you can get Insurance is a really big thing Civil code 47 Labor code 1150 get double damages about certain employers Nonfraternization no hooking up allowed in the work place 41414 1147 PM 41814 254 PM 41614 Only the boss has authority to fire a worker not the supervisor Wrongful termination retaliation 132A if you fire an employee for filing a working compensation claim then you can sue them you cannot fire an employee to get out of paying for wages there are certain policies that the state has 2 types of sexual harassment quid pro quo this just covers sexual favors I can39t offer you a job unless you sleep with me If you give me oral sex I39ll give you a raise I m really attracted to you will you go out with me If he says no and then you fire him because he won39t go out with you then he has claims What if he39s pissed off about this Then he can still sue 0 What if he39s posting pics of himself naked on FB can he still sue Yes What if boss puts hand on employers knee and says to go back to her place Do he still have a claim If she does this one time is it severe If she calls Jennifer a cunt for not getting an assignment right is that severe No What if she calls her a cunt once a day every day for 7 days Is that pervasive No it39s not Pervasive Can she sue for hostile work environment Yes Pervasive case by case basis Look at the totality of the cases If an employee is called a cunt 7 times and then never again it39s not pervasive but it39s offensive If all the attorney39s are working it39s late night and Sherwin is there Jen says you have a nice ass another guy says looking good today is this a hostile work environment Yes An employer is obligated to prevent claims of sexual harassment and discrimination Failure to prevent harassment and discrimination employers has a duty to prevent these types of cases which is why they will have a sexual harassment policy and an investigation policy What kind of things do constitute sexual harassment What about jokes in the workplace Unwelcomed advances if you ask someone to meet up later in a hotel But this is not offensive What if you have an office bully who is an asshole to everyone Do you have a claim The law doesn39t protect you from working for bullies or assholes They haven39t done anything illegal What if you39re favoring the women over the men The women are getting raises and promotions Is that illegal And the men are performing more work This is discrimination based on gender Does it matter if it happens outside of work No it doesn39t matter The law says that in a sexual harassment claim you can39t bring in a person39s sexual history If you39re on g chat or using email at work you do not have any privacy You have zero expectations of privacy if you file a lawsuit What if the harassers are homosexual men harassing other homosexual men Can they bring a claim even if they39re both gay Yes They can be damaged as much as a heterosexual Retaliation caims what happens after you complain in a case and then get fired Claim for retaliation Can39t demote him or cut his pay if you were sexually harassing him What if you don39t fire him and instead show up at his house and yell at him Does he have a claim for that Yes that can be retaliation Can he have a claim for retaliation if you give him a bad performance review Yes because the poor performance review can affect his chances of getting a raise Wage garnishment is one way to collect If you don39t do any asset protections then someone can go after all of that You can keep your house under the name of a trust Then can someone go after these homes if the judgment is against her individually No You can39t go after homes in the trust39s names However if you transferred her title in the home to the trust on the day of the judgment then that39s not okay This is fraud Homestead consumption if there a main house that someone lives then there39s an exemption But if they have a vacation home you can go after that and seize it If you are a low income person filing for bankruptcy may be a good idea they can offer you a fresh start But if you have a business and investments it won39t be so easy If Sherwin wants to sue Hernandez because she sexually harassed him can he run to court and file a lawsuit No Why can39t he He needs to hire an attorney What does he need to do before he files a lawsuit There39s a prerequisite called exhausting your administrative remedies which means you have to file a complaint with the department of housing explaining how you were harassed and on what basis File this administrative complaint and then you will get this right to sue If you get the right to sue then you can file your case in the superior court and sue for everything You are giving them an opportunity to pursue the case If you want to file a lawsuit for discrimination based on gender age etc you need to file a complaint with the EEOC and they will give you the right to sue then you can file your lawsuit The minute you get the right to sue you39ll have 300 days to file your lawsuit You want to be in state court because it s harder to have your case litigated in federal court If an employer has 50 or more employees the law requires you provide 2 hours of training to the employees and must take place every 2 years Anne Greene claiming that she had to engage in some sex scenes and sues for sexual harassment Greene signed a contract and she signed a nudity writer which allows you to appear nude and to do everything they say with respect to nudity True Crimes filed a cross complaint for breech of contract They said she breeched her contract because she didn39t want to appear nude and they had to hire someone else for her refusal to appear nude You can39t sue someone for filing a law suit the litigation privilege If you39re undocumented can you still sue for sexual harassment Yes But you cannot get future wages since the law says that you can39t work there legally 41814 254 PM 41814 254 PM 41814 254 PM Week 4 Notes 42414 1127 PM 42314 If Sherwin who is an intern tries to hook up with Sara or Sara tries to hook up with him is that harassment Sara is in an unhappy marriage In a harassment claim who would you rather be o An employee because you can have a harassment claim against an employer Independent contractor has less rights An intern has no rights Assault and battery claim if Sara grabs his ass Attorney fees Common law claim In a few years if Fink let39s Sherwin do the hiring what would his work force look like It will mostly look like his own community will look Persian Is this violating the law You would be discriminating against other ethnicities other than Persians Word of mouth hiring seems as if it39s a good policy Facially neutral policy unfortunately has have a disproportionate impact on minorities so anyone who is non Persian could have a good claim that they are being discriminated against If they had a policy that they wouldn39t want to hire convicts then this policy would have a disproportionate impact on Blacks People judge you base on appearance We will go over whether you can discriminate based on dress Never go in business with your family If there39s a dispute it turns into a nuclear war If there39s a partnership dispute it is usually over money Nepotism policies prohibit usually a position of power You can work at the place of business but perhaps in a different department so it doesn39t show favoritism If you have a policy that states no hiring anyone who is a relative do you think that would be legal or illegal For example Aaron Hernadez committed many murders so it39s not illegal to not want to hire him or his family members If his employer39s spouse wants a job the policy does not allow her to get hired is this illegal It is illegal because the law protects discrimination on the basis of marital status If Fink opens a Chinese food restaurant who will he want to hire Will he hire someone with blonde hair No he will want to hire Chinese students and everyone has to speak Mandarin 0 Is this illegal 0 Yes because the reality is when you go into the restaurant the hostess who takes your name can be any race The same goes for the server they are bringing you the food 0 It may be different if you had an authentic French chef He believes that these authentic restaurants are illegal All of these statues that we39re talking about Title VII the family of medical leave act etc these are all crafted by legislatures and each statue has a numerical threshold for the number of employees to empmy For harassment you only need 1 employee BFOQ Justin Beiber posted a pic on instagram of a place in Japan but China and Japan don39t get along Wasn39t smart to take a picture in front of this place He realized that he messed up and took down the picture but it was too late Article 3 the president has the ability to nominate someone in the office and it has to be approved by the Senate Clarence Thomas Conservative Black member of the supreme court Gets accused of sexual harassment o talking about his body parts and sexual behavior Herman Cain was a CEO accused of harassment Recap on Sexual Harassment 2 types of harassment claims quid pro quo asking for a sexual favor hostile work environment if you have a professor who makes sexual comments about you do you have a good sexual harassment case against the employer The employer has to have an official notice there has to be actual knowledge and needs to be deliberately indifferent the conduct has to be severe or pervasive you work for me I can grab your ass once this is not pervasive and one grab of the ass is not severe conversely if you get raped by your employer there isn39t a greater violation of one s privacy 0 What about the in between There39s an inverse correlation between the severity o The more severe the less instances you need You have a rape you only need one instance We have a restaurant and a man owns a restaurant He has a general manager who is a woman and is sleeping with her for 5 years yet he is married She39s going to sue you for sexual harassment because he has a lot of money You admit you slept with her does this mean he committed sexual harassment No You can sleep with your subordinates o How is it harassment if she39s slept with him 200 times Check to see if there were any text messages of emails talking about how she loves him wants to marry him see if she ever talks to her friends about it Better to find questions that you know are the truth and she then look likes a liar But there can be instances where it can be sexual harassment There is a party for the boss people put in money to have a stripper come it was not the bosses idea The stripper then gets fired and goes to see a lawyer They have a hostile work environment caim someone is naked in the workplace One single employee can wreck you She39s 30 and he is 60 and married sleeps with the boss one and a half times 0 This is worth several hundred thousand dollars She wants to quit then sue but if you quit then you won39t get as much money You have to show intolerable conditions Without somebody s consent you cannot illegally tape someone else Nonprofit company and person who got fired has worked there for 16 years When people work there along time there is a part of you that you loose Was 43 and got fired when he was 59 He said his female boss wanted to have sex with him started 2011 in 2012 his boss hit him he then complains to the bosses boss about the hitting and not the harassment The next year he gets fired Not age discrimination Why would you complain about the assault but not the harassment What was the reasoning for the firing o Their theory was because he has anger issues so they put him on a program where he had to go to anger issue classes and then they fired him PAGA claim they kept employee time cards but lost some of them They didn39t pay on Saturdays Didn39t pay for overtime on Saturdays ADA disabilities act They kept people who have disabilities Somebody who is disfigured is not disabled but they will still have a hard time getting hired The law should try to protect someone in this instance There is no law on the basis of appearance overweight disfigured face A shakedown you39re a lawyer and say that you just want the money file lawsuits to just shake them AB 1825 you give 2 hour training Sexual harassment cases always depends upon the facts If you file a lawsuit you39re not doing it to try to change the employer No matter what he39s going to be the same If you39re changing the beast you need to be compensated You need to think if there39s enough money in the lawsuit for you They will look at your email history be cautious about the emails you sent out They39re going to look at your cookies They will see if you39re watching porn on the company39s website They will use social media against you They will be able to track phone calls Don39t make a 30 minute call to your lawyer with the company phone Football player has type 2 diabetes and was kicked off the team He might have a disability claim Law 2802 reimbursements Who makes money in class action The Attorneys Dress codes can you work for Fink and have all the sides cut off of your hair Would this work well in his law office No it wouldn39t work and yes it is legal Long hair for males is not acceptable in his work place but for females it is okay Midterm Review Know classification difference between independent contractor and an employee Know the key of the right to control a bunch of factors that courts look at to determine this Went over principles on wage and hour laws on overtimes 8 hours a day 40 hours a week constructive discharge when an employee is forced to resign there has to be tolerable conditions and the employer needs to know about it You have to conclude that the employee was forced to quit Getting your title cut back doesn39t lead to constructive discharge Deplemation getting references civil code 47 You39re giving advice to an employer and he values free speech would you advise if you were a lawyer to state what they did No trying to avoid deplemation law suit Week 2 Know at will exceptions of the at wi Oral statements practice in the industry exceptions to wrongful termination Serving in the military testifying in federal court if someone files for bankruptcy can39t fire for these reasons state laws workers comm pay sitting on a jury voluntary firefighter Examples of wrongful terminations of policies If you have a statutory claim you get attorney frees What39s the rule on attorney fees The American Rule Each side pays their own costs Progressive discipline Will ask about free speech 42414 1127 PM Week 5 Notes 5314 531 PM You can39t be fired for race discrimination Pre textua the reasons they39re giving are not credible suspicious There are ways that defendants can get a case dismissed Hypothethical secretary Michelle Messhoo Boss Tom Gengley Michelle accuses Gengley of harassment Gengley the supervisor had an affair with Messhoo He wouldn39t leave her alone he harassed her and was fired Tries to contact her with LinkedIn Few weeks later dead flowers appear at her doorstep If it39s him do you see a problem here Is this harassment No What if he finds a way into your FB and finds a photo when you 2 were going out with each other and he posts a photo saying that you two will be together forever What if he messages you and says I have a surprise for you I39m going to deliver something in person Now he39s crossing the line He hasn39t hittouch her What to do Get a temporary restraining order credible thread of violence knowing a willful statement or course of conduct that will place a reasonable person in fear of safety Very difficult to get a restraining order A lawyer cannot take an unconscionable fee Gregory Lyons case a 17 year old who was molested wasn39t Lyons fault but this has haunted him his whole life Now is 46 year old security guard he wanted to be a cop Lyons gets fired by Finks client by making threats When Fink communicates to Lyons does he have free speech rights to say what he wants No he reported Fink to the Barre 3 times Legal rule you cannot communicate with the party that will communicate with the counsel Lyons filed a lawsuit but he was fired for threatening one of his co worker Lyons came up with legal theories Remember insurance is a good thing If you win a civil rights case then you get fees Finally got a restraining order on Lyons but it wouldn39t stop Lyons he would circle around and try to find them city attorney called him and then Lyons faxed a picture of a 9 mm handgun to the attorney Lyons was in jail for 1 year he gets out ofjail for 1 year and he was not allowed to look up Keith Fink s cases online He39s out for 20 minutes he does his search and sends an email and then had to be sent to jail for 5 years If you go to an employer you have a risk anaysis Restraining orders when people break up and someone won39t leave the other alone sending multiple texts Stering housing discrimination Tape recording is illegal someone violated his rights in a private conversation and gave this to the public media People code 632 you can39t intentionally without the consent of the parties to use any devices Jury nullification Theory common law invasion of privacy Employee with surveillance equipment employee should know that the equipment is present and cannot have reasonable expectations of privacy Donald Sterning may have a lot of dirt on the other owners of the NBA Article 13 you can get rid of someone for financial problems Ethical conduct in business dealings Some arguments that could be made no financial trouble No specific morals clause Capital gain taxes In the cases we are reading we see that the judge decides something and then there39s an appeal Something called a standard of review Unless it39s a paralegal or fresh review judges don39t look at things as brand new Review will be arbitrary and capricious Week 7 Notes 51614 107 PM Once you raise religious discrimination you39re out of the at wi box If you39re implying title VII there has to be at least 15 employees If someone on your football team sees a picture of their teammate ex Michael kissing a man and they tweet Omgquot Is that inappropriate No Next tweet is horrible is this inappropriate No sounds like they have a problem with homosexuals Miami Dolphins tweeted about him omg horrible and then Michael had to get educational training On social media you must watch everything you do Company called Mozilla the CEO resigned under public pressure after revealed that he donated money years ago to the Prop 8 campaign this was to ban gay marriage He took a position on a public issue that won Hookup policy in the dorm it39s okay as long as you39re quiet and shut the doon You play truth or dare and during this an RA exposes her breast takes off her pants gives you a male lap dance and kisses you Then she invites you to her room What are you going to do She is not under the influence She asks you to put a condom and you have sex with her Is this a problem The RA has a problem because they are not allowed to have any relationships with the students on the floor She goes to the campus police and she says that she was raped Now if the law investigation believes her claim is false they tell the school to calm down to let them finish their investigation so they can see if they want to proceed Kangaroo court found that he committed the crime and the student gets throw out of school The school then announces Xavier university found this basketball player in violation of the school39s conductquot He is saying it didn39t happen what are your legal claims 0 Defamation You will have a liable claim o Title 9 claim when you deny educational opportunities on the basis of sex He has this claim against the school Cheerleader for New England Patriots She made the mistake on Halloween to go party There39s a photo from the party where she has a marker in her hand and there is a guy passed out with drawings all over him It looks like she wrote on him Someone posts this on FB and it gets picked up Will probably get tweeted faster because of her position What do you think happened They fired her Will they ask for an explanation Yes Maybe she didn39t write on the guy She was fired for this Someone has a second job and that is running a mae order business that sells neo Nazi material It39s called 188 records 88 means Hail Hitler The employer finds out that this person who is a store clerk has worked there 7 years and is a perfect employee Do you think the person will be fired Yes why 0 To be protected in lifestyle discrimination have to engage in lawful behavior outside of employment Anti moonight provision Seems like he would meet test for lifestyle discrimination In America things are different in different states The US constitution applies no matter where you are Each state has its own statutes Life style discrimination doesn39t stem from the constitution Have to hope that the exceptions to the statute don39t swallow up yourconduct 0 What would make this firing legal Issues on social media and your employer may look at it and take action against you Statutes under the national relations act Section 7 and 8 provide employees certain rights Not only public institutions but also public The act protects employees right and in concerted activity Rights are referred to as section 7 rights Post cannot be disloyal reckless or untrue to loose the protections People make FB posts if you complain about your employer and says how he refuses to pay them what39s fair You are doing this for your behalf and your coworkers to be paid right This could be under what section 7 protects Handbook says no union activity at work probably violates section 7 and 8 You have rights under an Unruh act civil code 51 to not be discriminated in various outings At a restaurant they can39t treat you differently because of the color of your skin or your religion Walt Disney have heard they are anti Semitic He said you can39t trust women Lina R she was a famous Nazi filmmaker There was a film where Donald duck wore a Nazi outfit There are many examples and a lot of facts that may lead one to believe that Disney was anti Semitic Disney was extremely anti union Religious discrimination can be claim for retaliation wrongful termination You39re the manager at 800 degrees pizza The first person applying for a job is a Suni Muslim and they have a beard and because of the religious beliefs they can39t cut beard unless it39s fist length They have a policy that you can39t have beards Is this a religious issue Yes so then what can this employer try to do Put a hair net on the beard Firing would be a mistake Next person is of Pentecostal faith You have to cover your head and dress conservatively Wear a long skirt of dress in black slacks What about someone that39s Muslim Someone who has to wear a h ab Examples of undue hardships for a business decrease in efficiency infringing on other benefits Examples ship swaps exceptions to dress and grooming requirements if they39re not essential to the business Religious discrimination title VII only kicks in if you have 15 or more employees Major religions Hinduism Islam Buddhism Christianity Religious discrimination will apply Certain religious organizations will be excempt If you have a Jewish temple you would be required to hire someone who is Jewish this is an exception Religion concerns ultimate ideas about life purpose and death CA had statute recently for the CA workplace freedom act came into act 113 If you live in the state of CA you have moreless rights if you live in CA In employment setting you may have more rights if you lived in another state Includes religious dress and grooming practices expansion accommodation isn39t reasonable if it requires segregation of employees from public general public The law does not deal with trifles Let39s say you were fired for pregnancy discrimination then you get hired back one day later What39s the harm Should you file a suit Don39t forget about emotional distress CA law has to be significant difficult or expense 0 Abercrombie amp Fitch look policy it would inhere to their financial benefit but there was no empirical data to support this Is it illegal for an employer to tell their employee to tape down their breasts Yes Week 6 Notes 5914 138 PM 5714 Condalisa Rice has blood on her hands and wasn39t allowed to speak at a university graduation Just happened this last week Criticism from the student body to have a speaker at UCLA who was a former actor Turtle Rock studios CA game company he tweeted on his private account something about Sterling What would you do If he39s at wi then he could be fired This is not protected by the first amendment no first amendment claim so he could be fired You can be fired for no reason a rational reason but just not an illegal reason All speech has consequences Who39s going to run the Clippers now What happened to the president why isn39t he getting the job He was endorsing Donald Sterling Mark Jackson good guard in the NBA He coached the Golden State warriors He did a good job but what happened to him He got fired Another case where some works 40 years the hair salon and then they getfked It39s not good to fire someone after they39ve worked for so many years Do you think that the women who leaked Sterling39s interview got paid Yes she most likely got paid at least 7 figures If you misclassify someone as an independent contractor when they are an employee you can get misclaiming and public discrimination on your website There is an actress who gets fired after she gets pregnant no reason given Do you think it39s illegal to fire someone because they are pregnant Yes because pregnancy discrimination is a statute What is the key to look at The right to control This is the ticket for analyzing the claim Cathay Pacific they think that when they bend over if shows enough of their body parts Noke air the stewardess wear bikinis on the airlines Hooter s possible legal claims BFOQ Dress code is the essential function of the job Who can do this job Why are only women being hired for this job 0 Good sex discrimination claim for men 0 What other claims can the women have 0 Can compare this to Rockettes in New York a troop of women 0 Customers prefer to have an attractive women to work at Hooters Eg former Hooter s employer but she got cancer cannot wear a wig they tell her to work in the back This is a good disability claim it is a defined disability 392 If she got fired it would be wrongful termination she has an actual illness it39s not an appearance issue Certain areas in the US have enacted their own legislation to protect against appearance discrimination If a father threw acid at a child this is still not considered a disability Exam question 34 If the tape was made without Sterling39s consent then 0 You should know that his rights were most likely violated Question 35 Everest is demonstrating against discrimination at the Clipper game What does Sterling do He sues him for trespass so Everest should file an anti SLAPP New case Charter school that goes on a fieldtrip In CA there39s a place called Riley39s farm that has various reenactments of historical events This school brought their 8 grade class to see a reenactment of the civil war This is the first time the school has visited The employee from Riley39s farm asked the teacher if they have a volunteer of someone who is popular good spirited person They chose a black student All the kids go home and tell their parents what they did and one mother was upset and came to complain at the school At this point in time has the school done anything wrong in your knowledge No the school seems to be doing the right thing they are trying to educate the kids There39s a Holocaust museum here and you would know you would seehear some horrific things If a school knows that going to a candid exhibit of historical significance that they should not allow the students to go out of fear Parents usually need to sign a waiver to allow the kids to go on the field trip In this case there was a racial complaint what should the school do An investigation Paid administrative leave Do you fire the principal if they didn39t immediately suspend the teacher No What39s really happening here The mom is trying to make some money Education code 220 If the claim is one of a hostile racial school environment then think if this is severe or pervasive 0 Someone can make an argument that this could cause severe damage by reenacting a death by placing a rope around their neck o They have to have actual notice and be deliberately indifferent You would have more right s as an employee vs a student In the article that covered this there were wrong statistics she said there were only 2 African American students What would be her point of including this To show that the school in the first place is racist Steven39s case crush videos Overbroad statute Killing animas hunting videos Not all speech is protected defamation is not protected child pornography is not protected Avarez claims he won the medal of honor although that never occurred False statement of facts If you get sued you need to think can I file a cross complaint If you can file an anti SLAPP that is also great When you get in trouble or when you have a problem what is the first thing you39re going to do Religious discrimination if you played for a team in the national football league and they didn39t play you because you were Jew do you think they could do that No Do you think that would happen No National hockey eague they are very white This is a Canadian sport Can have a claim for religious harassment and claim for retaliation Week 8 Notes 52214 1236 PM You have sex with a girl under 18 years old and you39re older you may think it39s consensual but it39s statutory rape Your parents are not the people to go to you need to see a lawyer You39re the 20 year old kid in those circumstances do you care if there39s a judgment against you for 1 or 2 million dollars No When you39re sleeping with this girl where might you want this to take place to have insurance to help o At your house 0 Your parents home will have at least 1 million dollars in coverage 0 If you39re a smart girl you should take that million dollars and run Who committed the rape Who should be responsible The kid o A bad lawyer would knock out the parents o Conversely if you destroy her and the parents still hang in and there39s insurance and you tell the insurance company then it may cost money Cheereaders paid 100 per game There may be 3 hours and that39s only 33 per hour Did they pay for practice No They didn39t pay for dance routines or charity events They weren39t paid for anything other than the game If they didn39t go to practice they couldn39t perform in the game and therefore wouldn39t get paid This is a good claim Individual is an editor for a small town newspaper has his own social media pages and has a personal blog Very religious person with standard Catholic views He states that we must fight gay stoppo and the enemyquot He is angry about a new version of a Bible Editor from LGBT he might get fired Legal claim probably doesn39t What happened to first amendment There is no state action here Wrongful termination in violation of public policy Get39s hired for orthopedic surgery during first year you report a conflict of interest that may affect patients safety Chair of the department Less than a year later you39re asked to step down because they say you can39t get along with your co workers 0 Retaliation And whiste bower 0 Your institution allows doctors to cut deals with outside faculties o This person reported the conflict of interest because he thought there was fraud Entering into a settlement agreement based on false information Chancellors email he condemns any remarks that are disrespectful or hurtful if we have a place of business and have a policy of no smoking why would you do this Health concerns Health insurance what is the nexus between cigarettes and health insurance 0 Medical care 0 Your rates are going to go up Now someone is smoking marijuana Quadriplegic needed to take marijuana Perfect employee with no problems but they fired him after they found this 0 Federal law may be superior to state law 0 This is a case where if you get it to a jury it39s a winner The doctor prescribed this for his pain 0 But judges don39t find this in his favor 0 He39s an ordinary person with nothing to lose 0 But there can be consequences to your actions Loyalty oaths If your employer came to you and asks to sign this why would you sign the oath Comes from the people39s republic in China 0 Instituted a few years ago Starbucks is all over China 0 Lease agreement between Starbucks and the Forbidden Palace 0 This bothered Fink o A famous Chinese newsperson said that this was disrespectful to Chinese culture 0 How can you be faithful to the motherland and the people Do women make less than men Maternity leave or child bearing It is said that men will work more hours so they have higher salaries Shengau Chinese concept for left over women Professor Davis she was a communist and got fired from UCLA because of this Reagan said she was fired because she was unprofessiona This happened during the 1960s How come people don39t care about communists anymore Her contrast was renewed and then terminated Find doesn39t agree that all loyalty oaths are legal important for the exam Disclaimer oaths certify that you39re nothave not been a member of certain groups That would be unconstitutional II Week 9 Notes 52814 52814 1114 PM Santa Barbara shooting who39s to blame Parents shooter the two police officers who came the week before and didn39t check the room the media Fink believes that the individual is the main person responsible for the UCSB shooting Has to be a serious threat of physical harm there39s a reporting obligation This is an interstate Have to look at the psychiatrist s notes to see what they said See if there39s evidence which said he is a harm to individuals Who39s best to do a mental health check o Wouldn39t it have made more sense to send a medical expert instead of the police It39s lawful to have fire arms Gun control If you were to go on YouTube and talk about how you hate girls is that illegal No Ex you39re a UCLA student and you write a law and send this to a friend talking about how you want to dismember women In the conversation you mention one specific woman in the class and how you want hurt her Someone reports this to the authorities Did they person commit a crime o The women would take this as a threat Student Jake Baker Said he would rape and sodomize women and young girls Legal test to analyze this properly 0 Craig vs Rich Townshift high school district High school guidance counselor that also coaches sports teams The guidance counselor wants to write a book about adult relationships and titles the book It s her fault He focuses on adult relationship dynamics Was discharged from the school Craig determined that women act on emotional alone vs on emotion intellect He has years of experience in helping out others with relationships If you were a woman at this school you would not want to seek him out more often Is his book a matter of public concern Yes Some student39s may be apprehensive to ask Craig for help after this May 6 2014 Santer vs Board of education in east meadow Bargaining agreement you can only be fired for a cause The teacher39s were trying to get together They will go in front of the school so people can see them protesting Is this going to be a problem Yes because in high school you need your parents to drop you off now they can39t find a place to park Do they have a legal claim against the school Yes 0 Speech of public concern o This is a non academic case 0 Seems to be problematic or troubling if you apply it to higher educa on 2014 assistant state attorney gets fired for an inappropriate mother39s day post on Facebook He confirmed he wrote the post Other posts on his FB page that are also inappropriate If you are this guys boss what would you do Discipline him for this Fire him Is he commenting on issues of public concern Yes He talks about how political speech protected by first amendment Fink says this statement is wrong Urban outfitters they design a shirt with the Star of David same color scheme as dresses made in the Holocaust Very offensive Final Midterm Review If you have a nice car then hopefully it39s not in your name or your parent39s name Should be held in separate LLC You need asset protection when you have your own business You may be sued for harassment and don39t have harassment Some of us will get job offers you39re applying for a job and you need references this is because of what defamation Independent contractor probably okay with that because you know you39re misclassified You39re not the one violating the law and you have something over them key right to control fight them because they don39t want to pay the extra employer taxes the downside is too great for you to misclassify you independent contractors huge penalties Public shame getting a big ticket item The employer should keep time records is a burden but if you39re not keeping them you should be smiling the absence of records whatever you say you will be paid Most of us will be non exempt 9 overtime sometime tech people are put on call 247 you have to be in that area when you get a call to go to work you39re also entitled to have all expenses paid as an employee labor code 2802 you39re in the workplace hiring various limitations on what you can say There is no free speech in the workplace you can say what you want but you can get hit with religious discrimination you can talk negative about woman and blacks but will get in trouble for this being an underwriter is an important job harassment religious sexual harassment we went over what is severe or pervasive individuals can be named and held liable for harassment If you lose you might get cut out they may not defend you 2802 action Recent case on lesbian discrimination If you want to pursue a claim it39s a ticking clock Stack your limitations You have 1 year to file a complain When you39re fired what do you do Don39t get unemployment insurance You will get offered a severance People will do what is in their best interest If someone offers you 6 weeks 11k what does that mean Is that it No if they offered 11000 they will probably give you 12000 This is all a negotiation Many questions of exam require you to understand at wi employment No reason have reason or an illegal reason One exception lawful termination of public policies Ask you to lie about taxes commit perjury jury duty complain about people not being paid overtime There are so many exceptions DON39T QUIT You need to show intolerable conditions and the employer needs knowledge of that o If you39re going to get fired you need to send an email and complain about the illegal conduct going on 0 Now if they39re firing you you will have a good reason They are firing after you complained You either have a good claim or you39ve pinned them back File wrongful discrimination claim file lawsuit 0 Loss of earnings can get a job in human resources expert in accounting emotional distress damages For the final exam look at dress code religion lifestyle harassment 40 new questions know the SLAP and restraining orders if you39re dealing with someone you would rather they never filed for restraining order than you filing for one fink will look at the facts to see if filing a restraining order makes sense there may be a way around this in order to get a restraining order then 0 harassment o violence 0 a pattern SLAP statute when you engage in protected activity District treatment when you treat similarly situated people dissimilarly White male get39s 10k raise While female get39s 5k raise 0 Both doing the same job Treating similar situated people dissimilarity District impact take a neutral policy and this has an impact Medical condition that affects black people39s skin If you have that policy it would have district impact on blacks Fink went to a restaurant in Hollywood to get Russian food everyone spoke Russian Someone quits and they want to hire someone They say to ask your friends if they want a job Russians will get it Word of mouth hiring If you host for a job in an area populated by Chinese then Chinese people will apply for the job
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