September 2000

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work A SAFE WORKPLACE You have a right to be physically safe at work. The federal Occupational Safety and Health Act, known as OSHA, along with state counterpart laws, requires employers to comply with certain safety standards. They have a duty to provide a workplace that is free from “recognized hazards” that are likely to cause death or severe physical harm. There are also standards specific to various workplace environments. The rules extend to temperature, lighting, noise, first aid, fire extinguishers, fire alarms, office equipment, chairs, toilets, protective equipment, and smoking. There are requirements on reports, inspections, records, posting and notification of employee rights. You are protected from retaliation in discipline or discharge for “blowing the whistle” on OSHA violations. You have a right to refuse to perform unsafe work. There are severe civil and criminal penalties for employers who violate these laws. Make sure, however, of your complaints and protection, because afterwards you may not be as popular at work.		Employee Rights Update EMPLOYERS CAN CHANGE HANDBOOK POLICIES Private sector employees are presumed to be “at-will,” which means either employer or employee can terminate the relationship for any reason or no reason at all. Contracts that require good cause for termination provide a key exception to this rule. Such contracts can be in writing, or implied by an employer’s policies, practices, or conduct. A question that was recently answered is whether an employer can unilaterally change handbook policies that employees rely on. The California Supreme Court reinforced that employers must follow their own policies, but gave them leeway to change policies without violating implied employment contracts only if: (1) the policy was in place for a reasonable time; (2) employees had reasonable notice before the policy change; and (3) the change does not interfere with vested benefits, such as pensions. Continuing to work after policies change will be viewed as an agreement to those changes. - Sharon J. Ormond, Attorney
		Update on our attorneys - We are very proud to announce that attorney Mark J. Keough (J.D., 1983), former head of Human Resources for Boeing Military Aircraft (10,000 employees 5 U.S. locations, 8 labor unions, $3.0 billion in sales) has joined our firm. He brings a wealth of experience from the highest levels of employment administration.
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. ©2000 by Don D. Sessions.