December 2003
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
GRIEVANCE DUTY A recent California Supreme Court decision reduces damages if the victim has failed to take steps to avoid or lessen the injury incurred. California courts have previously held employers strictly liable for the misconduct of supervisors. However, two decisions of the United States Supreme Court, in 1998, led to a modification of that position in the federal courts. The McGinnis Case is the California modification of the rule. The employer must have taken reasonable steps to prevent and correct workplace sexual harassment. The employee must have failed to take advantage of preventive and corrective measures, and if the employee had utilized such measures he or she would have suffered less harm. The employer will remain responsible for the damage the employee experienced before failing to take advantage of the employer’s preventive measures.	JOB SECURITY INSECURITY How do you avoid unintentionally making job security insecure? Have you ever thought of disputing your performance review, even on a minor point or to higher management? After all, you certainly don’t want incorrect comments to be held against you in promotions, raises, or layoffs. The problem is that removing objectionable items from your review doesn’t necessarily do the same from your supervisor’s memory. In fact, it may become a bigger issue, such as a grudge, if your protests attacked your boss’s judgment, honesty or performance. So how do you correct unfavorable reviews without hurting yourself more in the process? Don’t argue about minor errors. Submit your rebuttal to be considered and filed only, without insisting that the review be changed. Diplomatically request that your evaluation be reconsidered in a face‑to‑face private setting. But above all, consider possible repercussions of losing a long‑term career war to win a short‑term review battle.
Update on our attorneys: Pat Turner resolved a case “on the courthouse steps,” just before the trial was to begin. Don Sessions and Steve Kimball helped to improve the attendance of a bar affiliate organization at its meeting by 200%. Don Sessions was interviewed for a CBS 60 Minutes program.
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at info@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2003 by Don D. Sessions.