January 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
WAITING ON YOUR RIGHTS “Stand up for your rights!” is the catch cry of wronged employees. Then why do so many people remain silent? Many of my clients silently endured injustices for years without complaint. Jim was ridiculed because of his race. Susan put up with dirty jokes and sexual advances. Fred worked overtime without compensation. Sam waited a year before complaining about his wrongful termination. Why? It depends on priorities. People keep quiet because something else is more important—for Jim, the hope of promotion; Susan, as a single mom, her paycheck; Fred, avoiding layoff; and Sam, getting a job before a bad reference spoiled his chances. The challenge is to correctly evaluate all priorities before acting. Knee-jerk reactions often cause later regrets. Remember, you don’t need to waive your rights. Just postpone them until the opportune time. You may eventually need to stand up for your rights, but do it when the time is right.	DEADLINE CHANGES The statute of limitations for many claims has changed from one to two years effective January 1, 2003. The California Legislature has specifically stated that an action for assault, battery or injury to a person caused by the wrongful act or neglect of another will have a two-year statute of limitations. The two-year statute will also have an effect on wrongful termination claims that involve public policy issues or intentional infliction of emotional distress. Employers have opposed the change and are concerned that it will lead to more claims. Discrimination claims are still limited by the laws applicable to the Fair Employment and Housing Act and federal legislation. Generally this means that a discrimination claim must be filed with the Department of Fair Employment and Housing within one year of the act of discrimination or within 300 days if filing with the federal Equal Employment Opportunity Commission in California. Peter W. Taylor, Attorney
Update on our attorneys: 2002 was a record year by our attorneys for financial recoveries generated for our clients. We have been successful as one of the largest employee rights firms in the nation simply because we have consistently given our clients good results. We think that 2003 will be even better.
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 dds@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.