October 2006
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
CHOOSING LAWS WISELY In pursuing claims for employee rights you have the ability to use appropriate laws that will help you the most. For any workplace wrong, many different overlapping laws may apply. Some may be better than others in terms of deadlines, damages, penalties, selection of courts, jurisdiction over potential defendants, and procedure. For example, some federal laws prohibit discrimination and only apply to employers of 15 or more employees, while its California counterpart applies if there are just 5 employees. A breach of contract claim may be easier to prove than a “tort” claim for discrimination but does not include “punitive” or punishment damages. A deadline for pursuing a negligence claim in another state may be years longer than it is in California. Recoveries in certain courts with liberal judges or juries may be twice as high as in more conservative areas. Every important aspect of a claim must first be evaluated in terms of laws that will affect the outcome before going down the litigation path. Some aspects may be sacrificed to stress other, more important, ones. But if you don’t strategize with all your resources, you will unnecessarily limit the value of your claim.	"HE SAID – SHE SAID" A recent sexual harassment case was resolved before a Los Angeles jury with a $4 million award to a restaurant hostess who had been molested by the restaurant’s owner. The case depended upon the credibility of the victim as it was a classic “he said – she said” situation. The jury believed the employee victim. There were no witnesses to the sexual assault. The jury awarded $1.8 million for emotional distress and $2.2 million for punitive damages. The plaintiff employee’s loss of income was low but she gave credible evidence of the owner’s sexual harassment over several months which escalated to the sexual assault. The employee also testified that she cut back her hours in order to avoid meeting with the owner. Employees should be careful to keep a diary of workplace events and hard copies of emails or memos if they are involved in employment disputes. Detailed facts greatly improve the employees’ chances of successfully proving their claims. These facts could include date, time and place as well as notes about those present and their conduct. Peter W. Taylor, Attorney
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. ©2006 by Sessions & Kimball LLP