Blog Posts in 2012

  • California Statutes of Limitations for Employment Claims

    || 22-Aug-2012

    The attorneys at Markson Pico LLP often receive calls asking about time limits within which claims must be filed in employment cases. The applicable legal time limit is known as the "statute of limitations." Not all employment claims trigger the same limitations period. The deadlines depend on the nature of the claim and a variety of other factors. The following is a short list ...
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  • Sexual Harassment In the Workplace Should Not Be Tolerated

    || 9-Aug-2012

    Kayla looked for a new job for months after being laid off as a financial analyst. When she finally got a job offer, she was ecstatic. As a single mother, she really needed to get back to work. Initially, Kayla’s new supervisor seemed pleased with the work she was doing and told her that she was doing a wonderful job. But after a few months, Kayla began to feel that there was something more ...
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  • The situation made Ryan uncomfortable. He had been working at a successful car dealership as a supervisor for almost a year and enjoyed his job. The dealership worked hard to keep its customers returning. For example, the dealership's practice was also to provide free oil changes for its customers the first year after the purchase. The idea was to make the customers happy so that that they ...
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  • On May 3, 2012, in the case of Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, the California Court of Appeal, Fourth Appellate District, Division Three, issued a unanimous published decision officially recognizing a new tort claim in California for Intentional Interference with Expected Inheritance (IIEI) . In recognizing the new IIEI tort, California now joins the majority of other states ...
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  • Job Protection In the Wake of A Workers' Comp Claim

    || 27-Apr-2012

    These days, employers are able to pick from a seemingly endless supply of highly qualified job candidates. Sometimes those candidates may be more attractive than an employer's current employees. That fosters an atmosphere of trigger happy employers itching for an excuse to let employees go. Couple that environment with the soaring cost of workers' compensation premiums and what happens? ...
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  • What's My Sexual Harassment Case Worth?

    || 10-Mar-2012

    Victims of sexual harassment regularly contact attorneys at Markson Pico LLP and ask "what's my case worth?" Because we don't pretend to have crystal ball, there is no way to respond with certainty. But we look to history for guidance--history gleaned from past published judgments, verdicts and settlements. Here is sampling of historical trends in California: California appellate ...
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  • Commission-Only Pay Plan May Jeopardize Overtime Exemption

    || 7-Mar-2012

    It's no secret. The "great recession" over the past several years has not been kind to the automobile industry. And for car salespersons, no sales means no commissions. But the sales staff can't go unpaid. They must receive minimum monthly compensation—either base pay, a draw against future commissions, a guarantee or otherwise. Without that, the dealership jeopardizes the ...
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  • "Congratulations on the new baby! You're Fired!"

    || 24-Feb-2012

    It seems that we have recently received several client inquiries by women who have experienced unfair treatment which they believe was related to informing their employers that they were pregnant. While a pregnancy should be a joyous time in the life of any expectant mother, some employers do not view it that way. Instead of experiencing the happy glow of impending motherhood, some employers see ...
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