Trial of Civil Lawsuits for Breach of Contract, Fraud and Misrepresentation All other business litigations 16530 Ventura Blvd., Suite 208 Encino Ca 91436 | 818-981-4100 | 800-281-0041 Sheldon Rosenfield – lawsr@earthlink.net
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6
Nov
Posted under: Business Law Sheldon Rosenfield
Example: President of company deliberately defames competitor?
Example: Wife seeks to recover on nursery school liability policy for husband convicted of molesting children who attended school.
30
Jun
Posted under: Jury Verditcs & Awards Sheldon Rosenfield
A Los Angeles judge recently awarded $80,000 to a local man who filed a lawsuit against his former employer at a Handy J Carwash, claiming he was forced to work overtime but was not allowed to record the hours. The man claimed in the suit that with his reduced pay, he was not able to pay his rent or living expenses. The judge ruled the carwash owners were liable for “$50,000 in back wages for failing to provide proper employment records and an additional $30,000 in damages.” Sam Quinones, LA Times 06/23/2011
In the Employers Corner – For a free consultation call or email: (800) 282-0041, (818) 981-4100 Law Offices of Sheldon Rosenfield. Over 30 years of litigations and trial experience throughout Southern California.
www.LawSR.com – lawsr@earthlink.net, 800-281-0041, 818-981-4100
29
Mar
Posted under: Labor Law Sheldon Rosenfield
If an employee missed work time due to a personal obligation, and decides to make-up the lost time later in the week, the employer is not obligated to pay overtime if the employee does not work more time 11 hours on the make-up day.
Granting an employee’s request to work make-up time is at the employer’s sole discretion.
28
Mar
Posted under: Labor Law Sheldon Rosenfield
IF FOR ANY REASON THE EMPLOYEE DOES NOT WORK OUT AND NEEDS TO BE TERMINATED THE EMPLOYER IS OPEN TO A LAWSUIT WITH LARGE POTENTIAL DAMAGES.
In the case of Helmer v. Bingham Isuza the employee sued the employer claiming the employer had falsely promised employee salary and benefits inducing the employee to leave his existing employment. When the employee insisted on the promised salary he was terminated. At trial the jury found in the employees favor awarding $450,913.00 in lost wages and 1.5 million in punitive damages.
On appeal the court upheld the verdict. The Court stated “We hold that future lost income is recoverable by an employee pursuing a claim of promissory fraud against an employer who induces him to leave secure employment by knowingly making false promises regarding the terms of his future employment”
UNLESS THE EMPLOYER INTENDS TO OFFER A WRITTEN CONTRACT OF EMPLOYMENT, WHEN HIRING AN EMPLOYEE AWAY FROM ANOTHER COMPANY SUCH EMPLOYEE, SHOULD BE ASKED TO SIGN A DOCUMENT ACKNOWLEDGING AMONG OTHER THINGS THAT THE EMPLOYMENT IS ONE AT WILL AND THAT NO PROMISES OF SALARY OR OTHER BENEFITS HAVE BEEN MADE TO INDUCE HIM OR HER TO LEAVE HER THEN EXISTING EMPLOYMENT.
27
Feb
Posted under: Business Law Sheldon Rosenfield
CAN A BUSINESS OWNER ENFORCE A
REASONABLE NON COMPETITION AGREEMENT
WITH A FORMER EMPLOYEE?
An agreement by a former employee not to compete when he leaves the business’s employment is enforceable only in 3 situations. If the agreement is in connection with the sale of the business, or the dissolution or termination of a partnership, or dissolution or the termination of an interest in a limited liability company. (California Business and Professions Code Section 16600 – Edwards v. Arthur Anderson)
But what about agreements not to divulge trade secrets?
23
Aug
Posted under: Labor Law Sheldon Rosenfield
Serving California employers with business employment and labor related legal matters.
Specializing in employers’ labor law in California on behalf of Employers.
Sheldon Rosenfeld – 800-281-0041, 818-981-4100
In the Employers Corner
16530 Ventura Blvd. Suite 208
Encino, CA 91436
