Wednesday, March 8, 2017

AT WILL EMPLOYMENT CALIFORNIA, 
CAN MY BOSS FIRE ME AT ANYTIME?

16 Feb 2017
At Will Employment California law provides that your employer can terminate you at any time, for any legal reason, so long as you are not employed under a contract for a specified term. In other words, pursuant to Labor Code section 2922, your employer can fire you at its own will for almost any reason, and at any time of its choosing. Likewise, the law provides that you, as an employee, can also quit your job at any time, and for any reason. Therefore, by way of example, your employer can fire you because he/she: simply doesn’t like you, thinks you are chatty, is in a bad mood, and/or was upset that you didn’t make coffee in the morning. No fair treatment or warning is necessary. No objective evaluations or preferential reassignments required. Your employer can act peremptorily, arbitrarily or inconsistently, and without good cause when terminating you. So long as your employer did not fire you for an unlawful reason, your employer was likely within its right to do so.
The At Will Rule Also Extends to Demotions and Pay cuts
The employer’s right to terminate “at-will” also includes the right to make prospective changes to the terms of employment agreement as well. This means that your employer can demote you, and cut your pay at any time, and for any lawful reason. The pay cut, however, must be prospective and not retroactive (they cannot cut your prior earnings).
The At Will Employment California Presumption
Pursuant to Labor Code § 2922, there is a rebuttable presumption baked into the law that an employment with no specified term may be terminated at the will of either the employer or employee. Employment for a specified term is defined as employment for a period greater than a month. At trial, therefore, it is the burden of the employee to present evidence to prove that the employment was not at-will.
What Evidence Will Defeat the At Will Employment California Presumption?
To overcome the at-will presumption, a claimant must present evidence of an employment contract (express or implied) providing a fixed term (i.e. agreement providing 6 months, etc., of employment). Alternatively, a claimant can present evidence that an express or implied employment agreement provided that the employer could only terminate an employee for cause. Absent such evidence, the presumption of an at will employment California relationship will prevail, thereby allowing the employer to discharge an employee at any time, with or without notice, and for any lawful reason. It is therefore very important that you review any and all documents that you signed during your employment (i.e. employee handbook, policies, etc). If you cannot find these documents you can request them, and your employer is legally obligated to provide them to you. If your employer made written promises (through emails, text message, or other correspondence) to you, it is crucial that you review and retain those records as well.
Promises of a Bonus Dependent Upon Continued Employment
Even if your employer promised you a bonus for working a specified length of time of continued employment (I.E. Bonus provided after 6 months of employment), they may still fire you, and it will not affect the at will employment relationship. But if you were terminated without cause before completing all the terms of the bonus agreement, you may recover at a pro-rata portion of the bonus previously promised to you. (Schachter v. Citigroup, Inc. (2009) 47 C4th 610, 622, 101 CR3d 2, 12.)
Voluntary Resignation: On the other hand, if you voluntarily resigned before the completion date of the bonus agreement you are not entitled to receive any share of the bonus. (Schachter v. Citigroup, Inc. (2009) 47 C4th 610, 622, 101 CR3d 2, 12.)
Stock Options: An at-will employee that is terminated does not have rights to stock options that were not fully vested at the time of termination, and that were dependent on the continuation of employment. (Oracle Corp. v. Falotti (9th Cir. 2003) 319 F3d 1106, 1111). The same result holds true for at-will employees who voluntarily resign prior to their stock options vesting. (Schachter v. Citigroup, Inc., supra, 47 C4th at 621-622, 101 CR3d at 12)

Wednesday, February 15, 2017

Update: Andrew Puzder has withdrawn his nomination for labor secretary.

Andrew Puzder, President Trump’s pick for labor secretary, is expected to withdraw his name from the nomination, a source close to the restaurant executive tells CBS News’ Major Garrett. 
The source says he does not believe Puzder will appear for his confirmation hearing Thursday before the Senate’s Health, Education, Labor, and Pensions (HELP) committee. 
Asked why, the source said, “I think he’s very tired of the abuse.”
Another source working on Puzder’s confirmation preparation also told Garrett that the odds were about 80 percent that the CKE Restaurants executive would pull out of the nomination. 
The news comes after days of intense scrutiny over Puzder’s fitness to lead the Labor Department and questionable support from Republican senators. 
Puzder, who previously led the company that owns fast food chains Carl’s Jr. and Hardee’s, came under fire earlier this month after reports that he and his wife had employed an undocumented immigrant for housework. 
And Puzder’s past has also come under the microscope in recent days. Earlier this week, Politico unearthed a 1990 episode of “The Oprah Winfrey Show” where Puzder’s ex-wife, Lisa Fierstein, accused him of domestic abuse. Puzder has repeatedly denied the allegations and Fierstein recanted her accounts of abuse shortly after the episode aired. 
Senior Senate GOP sources who were confident of Puzder’s nomination on Monday told Garrett they were now dialing back optimism, saying that there are serious “rumblings” about Republicans not backing Puzder and a very high probability Puzder will withdraw.
At least five Republicans in the Senate have not made public how they’ll vote on Puzder, CBS News’ John Nolen reports. Sens. Susan Collins of Maine, Johnny Isakson of Georgia, Lisa Murkowski of Alaska, Mike Enzi of Wyoming and Tim Scott of South Carolina -- all members of the Senate HELP committee -- have declined to state how they plan to vote until after Puzder’s hearing. (Most of the senators have indicated they don’t typically comment with their vote ahead of hearings.)
The White House declined to comment on the status of Puzder’s nomination.

Tell Congress to Oppose National Right to Work Legislation

Thursday, February 9, 2017

Telematic Program Update

ITS BACK... Meetings at CGT this morning with the local drivers and this Monday with the Linehaul drivers. They were informed that if you have an event with the camera system they (safety) will determine if it is a safety issue you will have to go before a driver review committee where you will be judged not only on your event but they will take into consideration everything since your first day of employment. They say it's not a scorecard but what would you call it? Didn't they say we wouldn't be disciplined and only coached by the system. Well surprise surprise they are changing that stance. They LIED. Meetings will be held over the next few weeks to let everyone know. We don't even have cameras or eld's in our trucks in CLT. They have to negotiate how ours are used.... 



Monday, January 30, 2017

Trump's Pick for Labor Secretary Doesn't Think Workers Should Get Breaks

But this isn't some exotic new political creed introduced by Trump. It's warmed-over Republicanism.
Ladies and gentlemen, your new labor secretary, burger magnate Andrew Puzder, left, and your new energy secretary, former Texas Gov. Rick Perry. 
The US Department of Labor exists to "foster, promote, and develop the welfare of the wage earners [and] job seekers," and to "improve working conditions" and "assure work-related benefits and rights." Andrew Puzder, Donald Trump's choice to lead the department, has not exactly embodied those values in his career as CEO of CKE Restaurants, parent company of fast-food chains Hardee's and Carl's Jr. He's a staunch and vocal opponent of minimum-wage hikes, and his company has had to pay out millions of dollars to settle overtime claims (more here).
"Have you ever been to a fast food restaurant and the employees are sitting and you're wondering, 'Why are they sitting?'" Puzder asked. "They are on what is called a mandatory break."
And now, thanks to OC Weekly's Gabriel San Roman, we know what Puzder thinks of worker breaks. Spoiler: not much.
San Roman got to digging into the archives of Cal State Fullerton's Center for Oral and Public History, where he found a 2009 interview (not available online) with Puzder. According to San Roman, Puzder "complained about regulations and overtime laws, claiming workers are overprotected." San Roman adds, quoting from the interview:
"Have you ever been to a fast food restaurant and the employees are sitting and you're wondering, 'Why are they sitting?'" Puzder asked. "They are on what is called a mandatory break [emphasis his]." He shared a laugh with the interviewer, saying the so-called nanny state is why Carl's Jr. doesn't open up any new restaurants in California anymore.
Now, anointing a burger tycoon who openly disdains worker rights as labor secretary might seem like a quintessentially Trumpian move. But it's worth remembering that Puzder is very much an establishment Republican. A major donor to GOP political campaigns, he served as an economic adviser and spokesman for Mitt Romney's 2012 presidential campaign, and as a delegate to the 2012 Republican National Convention and as chairman of the Platform Committee's Sub-Committee on the Economy, Job Creation, and the Debt.
In late 2014, as the 2016 presidential race was about to heat up, Puzder listed his top three choices for the Republican nomination: Romney, former Texas Gov. Rick Perry (now Trump's choice to lead the Department of Energy), and former Florida Gov. Jeb Bush. That same year, Puzder and then-Gov.Perry even appeared together at a Carl's Jr. event in Austin, to roll out the burger chain's "Texas BBQ Thickburger" and raise funds for a veterans' charity, along with Sports Illustrated swimsuit model Hannah Ferguson. Puzder declared Perry "America's best governor."
And now they'll both be in the Cabinet. Trump ran hard against the GOP establishment, only to hand it the keys to power.
GET THE SCOOP, STRAIGHT FROM MOTHER JONES.
 

Sunday, January 15, 2017

Local 722 Secures Reinstatement For Member After Wrongful Termination



Back Pay, Full Benefits Secured In Arbitration
In a recent arbitration, reinstatement and back pay were secured for a Teamster who was wrongfully terminated from Bay Valley Foods in Dixon, Illinois. The Teamster is returning to work with more than $79,000 in owed wages and full benefits thanks to the efforts of Local 722 President and Principal Officer Steve Mongan.
In the award, the arbitrator concluded that “no just cause for any discipline was proven.”
“It was justified in getting an improper termination rescinded and making this worker whole. It was so wrong what Bay Valley Foods did and how they did it, she wasn’t deserving of anything like this,” Mongan said. “I’m glad that the arbitrator saw through the smokescreen and ordered her back to work with all rights restored.”
Local 722 -located in La Salle, Illinois- has won all nine of the grievances it took to arbitration in 2016, Mongan reported. This was the third and final arbitration at Bay Valley Foods in 2016.