January 2002

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work I.Q. TESTS IN HIRING A psychological or intelligence test may violate privacy and discrimination laws. These tests sometimes ask subtle questions to gain private information on religions, political or sexual beliefs of the applicant. This could show an illegal bias. Employers must have a legitimate reason to ask appropriate questions on jobs requiring certain physical or mental skills. However, they must be limited to job-related inquiries. Even if you object to the test, it may be difficult to prove it is the cause of your not getting the job. Compare your qualifications with those of the person whom they hired. Try to get a copy of the test so you or your attorney can evaluate the reasonableness of the questions. In most states, including California, you have a right to inspect any documents relevant to employment decisions. Tests that supposedly measure your abilities and attitudes may be more of a measure of your employer’s biases . . . and resulting liability.		Employee Rights Update ILLEGAL ACKNOWLEDGMENTS A California appeals court recently sided with an employee who refused to sign a document she knew was illegal. She had even been to law school. She knew her rights. Agreements not to compete against former employers after leaving employment are called “non-competition” agreements. In California they are not enforceable. Our employee knew this. When her company asked all its employees to sign non-competition agreements, she refused and was fired. The court held that since state law condemns non-competition agreements, firing an employee for refusing to sign one violated a fundamental public policy. Her termination was illegal, and the company had to pay. Often companies threaten employees with termination unless they sign these agreements. Employees are intimidated and often acquiesce. They believe the agreements are enforceable and are afraid of being fired. Don’t be intimidated. Know your rights, and enforce them. - Mark J. Keough, Attorney
		Update on our attorneys – Don Sessions was elected Chair-Elect of the J. Reuben Clark Law Society, Orange County Chapter, an affiliate of the Orange County Bar Association. Steve Kimball won a multi-day litigation battle at the California Division of Labor Standards Enforcement against the largest law firm in the state for a verdict of almost $100,000. Pat Turner was chosen to give a monthly legal update to the Labor and Employment Section of the Orange County Bar Association.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. Click here to add (or here to delete) your E-mail address to or 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:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) 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. ©2002 by Don D. Sessions.