October 2005
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
DOCUMENTATION “Document, document, document!” is the advice most of us attorneys give to our clients about problems in the workplace. Whether an employee is fired for cause or quits because of harassment in the workplace, the problem is the same—proof. Can you show that the other guy really did something wrong? It may be enough to have one person’s word against another’s, though it’s better to have a witness or two to tip the balance. But there’s nothing like something in writing. It’s there in black and white and can’t be denied. Management, keep notes on oral reprimands you make and follow up with appropriate written warnings. Employees, keep a journal of how your workplace rights may have been violated, and complain in writing. Also, writing things down helps both sides clearly recognize the problem and take action to resolve it—or if it doesn’t, at least helps prove later who was right. Document, document, document!	FAVORITISM & SEXUAL HARASSMENT The California Supreme Court has recently held that when a supervisor shows substantial favoritism to subordinates with whom he is romantically involved, and the involvement is detrimental to other employees, those other employees may have claims for sexual harassment. (Miller vs. Department of Corrections (2005) 36 Cal. 4^th 446). In Miller, a male supervisor had romantic relationships with three subordinates, who were consequently rewarded with promotions and favors. One of these subordinates used this relationship to make “work life miserable” for other employees. Other non-involved employees were not promoted. “Quid pro quo” harassment occurs when an employee’s subjection to sexual conduct is linked to the grant or denial of job benefits, while “hostile environment” harassment occurs when the sexual conduct has the effect of unreasonably interfering with work performance or creating an intimidating, hostile or offensive work environment. Miller is an example of a circumstance where both types of sexual harassment were present as the result of workplace romances. Michael S. Ahmad, Attorney
Update on our attorneys: Don Sessions completed his nearly two year term as Chair of the J. Reuben Clark Law Society for the Orange County Chapter and was recognized at the annual dinner for the group at the Dana Point Marriott.
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. ©2005 by Sessions & Kimball LLP