March 2001

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work THE STRENGTH OF YOUR WORKPLACE CLAIM How strong is your case involving employee rights? Attorneys consider several factors. First, liability. Can you prove your employer did something wrong? What’s the chance you will win? I liken this to the “mind” of the case, because it has to logically make sense. Second, damages. How much have you suffered in terms of financial and emotional distress? I compare this to the “heart” of the case, as it has to produce sympathy. Third, sensitivity. How concerned is your employer about your claims? This is the “position” of your opponent, hopefully with its back against the wall. Fourth, collectability. Even if you win, is your employer able to pay it? A victory is meaningless if the employer’s wallet is empty. Of course, the best case has high liability, damages, sensitivity, and collectability. But even a case low in one area but high in another may be good. Realistically evaluate your case before you invest time and money in pursuing it.		Employee Rights Update RIGHTS TO COMPETE Most California employers don’t want their employees working for competitors or starting competing businesses after they leave the company. So they have them sign “non-competition” agreements, either when hired, or while working for them. Agreements that prohibit employees from competing after they leave are usually illegal in California. The law puts a high value on the ability of citizens to engage in their lawful occupations. What’s new is that an employee who was fired because he refused to sign such an agreement can sue, and win. Mr. D’Sa refused when his employer, toy maker Playhut, Inc., demanded he sign. The court allowed his suit for wrongful termination to proceed because the agreement he refused to sign was unenforceable. Firing an employee, even one who is “at-will,” for refusing to sign an illegal agreement, violates public policy. By Mark J. Keough, Attorney
		Update on our attorneys – Our syndicated Win-at-Work column will now be published by Image magazine, which has a circulation of 100,000 subscribers. Don Sessions attended a two-day retreat as a director of the Orange County Bar Association to plan its future activities for its attorney members and the community at large.
Look for our answers to employees’ questions in the "Shop Talk" column of the Times’ Sunday Business Section or the Register’s "Business Monday" Section. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information, 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.