Orange County Employment Lawyers Blog

The CEO of international retailer American Apparel has long been the subject of controversy. While he has been a champion of U.S. manufacturing to support immigrant works, he has also been the target of at least nine sexual harassment lawsuits. Allegations range from pressuring models into sexual activities to walking around his Los Angeles office in his underwear. Finally the board of American Apparel made the decision to force out the 45-year-old entrepreneur.

In a unanimous decision, the board fired the CEO after an ongoing investigation into his sexual misconduct. Our Los Angeles employment law attorneys are dedicated to protect the rights of employees who have suffered from sexual harassment in the workplace. While you may have been tolerant, put up with inappropriate behavior or advances, or even engaged in sexual activity with a superior, remember that you do have rights. Sexual harassment is a pervasive issue in businesses ranging from family operations to large corporations. Our attorneys are dedicated to protecting employees and in raising awareness to prevent sexual harassment.

According to Business Week, American Apparel shares are down to 68 cents, a record low compared to the $27 shares in 2007. Prior to termination, the CEO had $800,000 as a base salary and owned 27% of shares in the company. Analysis claim that the decision to terminate the CEO was in part because of the legal complications and liabilities as well as a failure to move the company forward in a new direction. While a board may put up with sexual harassment in the event of an upturn, a board is less likely to tolerate misconduct when the company is plummeting in value.

Students who filed a lawsuit against the State of California’s tenure for teachers laws succeeded in their case when a Los Angeles Superior Court Judge ruled in their favor. The lawsuit challenged the idea that tenure for teachers deprived students of a fair education. The main argument of the case, was that tenure track for public school teachers is unconstitutional. Under the new ruling, previous laws that allow tenure-track positions and that leave some teachers insulated from termination have been struck down.

Previously, teachers have been protected from adverse employment action, including termination or lay-offs, once they have achieved tenure. Some have argued that teachers are able to maintain their positions, even when their teaching skills lag behind or fail. The laws also disproportionately impacted new teachers who were the first to be let go in the event of a lay-off. Our Orange County employment law attorneys are dedicated to protecting the rights of workers throughout the state of California. We are also abreast of trending legal issues that impact the rights of employees. In addition to advocating for our clients, we are dedicated to raising awareness to prevent discrimination in the workplace.

The tenure-track job laws were challenged on the basis that the current system is unsupported by the state constitution. The judge agreed, finding that the burden required does not meet the strict scrutiny test. The laws unfairly allow ineffective tenure-track teachers to remain in their positions while dismissing “junior” level teachers who may be more engaging and effective in their positions. Plaintiffs argued that firing a teacher or professor based on the fact that they were new to the system, rather than on job performance alone, ultimately only injures the students.

California courts generally do not enforce non-compete agreements because the agreements can be an inappropriate restraint on trade and can impact an employee’s ability to make a living after leaving a job.  California is one of two states with a broad ban on non-compete agreements, along with North Dakota. 

Unfortunately, on a national level, the use of non-compete agreements by employers is dramatically increasing and non-competes are showing up in all different types of jobs where they were once restricted only to a limited number of professional positions.

This trend is disturbing on many levels because it unfairly restricts the rights of people to leave an employer since they may face difficulty getting another job in the future. It is also an important reminder to employees that they need to understand employment agreements before they sign them. Before you sign any kind of employment contract and if you believe your employer is being unfair in trying to hold you to contract provisions, you need to speak with an Orange County employment law attorney.

Paid sick leave may soon become a reality in California as the Senate Labor and Industrial Relations Committee voted in favor of Assembly Bill 1522 on June 12. The bill is called the “Healthy Workplace, Healthy Families Act.”   Under the proposed legislation, anyone who is employed for at least seven days over the course of a calendar year will be entitled to receive paid sick leave at a rate of an hour of leave for every 30 hours that the employee works. 

The committee acted at a time when paid seek leave is getting a lot of attention in California, in part because hundreds of workers at California’s largest grocery chain have been demanding leave.

Some employees are already entitled to paid sick leave under labor contracts and collective bargaining agreements, but most employees in the state do not have a guarantee of time off from work when they are ill. As a worker, it is important you understand your employment rights and take steps to protect yourself if your employer fails to give you benefits guaranteed by law. An Orange County employment law attorney can advise you on your rights and represent you if you are treated unfairly.