January 2004
WIN AT WORK MONTHLY
A Community Service of SESSIONS KIMBALL & TURNER LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
UNENFORCEABLE POLICIES Just because an employer has an oral or written policy does not mean that it is legal or enforceable. Obviously, a business can’t discriminate against its employees according to State and Federal law, even if it’s own policy says it can. Likewise, it can’t enforce a “use it or lose it” vacation policy in most states, such as California, when the law prohibits it. An employer can give employees more protection than the law requires, but not less. Some employers intentionally use policies known to be illegal, because they think employees will not know otherwise. Undercutting workers’ overtime pay rights is a frequent “mistake.” However, if a policy violates law it may not only be void and unenforceable, but also may give employees various rights against the employer that they would not otherwise have. The key, of course, is to understand such policies in light of the law. Don’t believe everything you hear…especially from your employer.	INTERNET RETRIBUTION COSTLY Beware of statements about your employer or former employer, especially potentially false or misleading statements posted on the Internet. A recent California Court of Appeal ruling upheld a $775,000 verdict against two former employees after a jury found them liable for defamation, invasion of privacy, breach of contract, and conspiracy for messages they posted on various Internet bulletin boards. The two former employees posted over 13,000 messages on hundreds of Internet bulletin boards over a two-year period. The two claimed the messages either were true, opinion or hyperbole, and not defamation, but the jury didn’t believe them. They also believed that they were Constitutionally entitled to publish these messages, but the trial court and Court of Appeal ruled against them. Maybe, the old adage that, if you don’t have anything nice to say, then don’t say anything, may be the best way to go. Of course, you can always hire a lawyer to find out. Patrick Mortimer, Attorney
Update on our attorneys: We have now formed the partnership Sessions Kimball & Turner LLP. Steve Kimball and Pat Turner have been very successful attorneys with our firm over the last seven years. This change will make us even more effective in leading the fight for employee rights.
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, 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 Sessions Kimball & Turner LLP.