July 2001

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work PROMISES “Promises, Promises,” employees often say in cynical frustration over seemingly empty words of employers. Yet promises can become the basis for an enforceable contract. In law, a valid contract must first have an “offer” of something of value. This could be an employer’s letter to a new employee specifying pay, work conditions, job title, benefits and minimum tenure. Once an offer is accepted by the employee who agrees to give something in return, it becomes enforceable. An employee may promise to move to take a job or perform certain services to maintain it. There may be other enforceable agreements between the parties, such as promises of a bonus for reaching defined goals. The challenge is to be able to prove what was promised. So don’t scoff when your boss promises you something. Confirm it in writing, rely on it and then enforce it!		Employee Rights Update NEW RULES FOR DISABILITIES In January, disabled employees got help from the California legislature. First, a condition becomes a “disability” if it merely limits a major life activity. Previously a substantial limitation was required. Many conditions now qualify as disabilities that did not qualify before. What is a major life activity? It used to be things like walking, lifting, reading, hearing. Now, California includes “working” on the list, and not limited to a class of jobs, but the particular job the person is assigned to. Also, a person is “disabled” even if they could do the job with mitigating devices, like glasses or medication. In another change, employers must now engage in a “timely, good faith, interactive process” to reasonably accommodate the disability. They must work with the employee to modify the work or work place, and to find assignments they can perform. The employee now has a voice, and can make suggestions. - Mark J. Keough, Attorney
		Update on our attorneys – Peter Taylor has joined our firm as an attorney. For almost a decade, he has emphasized employment law and litigation. Prior to obtaining his law degree, both here and in England, he was a controller for a large corporation. His experience will be greatly valued.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Sunday 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. ©2001 by Don D. Sessions.