You Have Rights Under the Family Medical Leave Act

FAMILY MEDICAL LEAVE ACT “FMLA” – KNOW YOUR RIGHTS By Dugan P. Kelley   Employers are subject to the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.  Covered employees are allowed to take 12 weeks of unpaid (but your job…

Need Independent Counsel to Defend a Lawsuit Against You?

INSURANCE – HOW TO GET INDEPENDENT COUNSEL HIRED By Dugan P. Kelley Insurance for Personal Injury Suits in Denton, Collin, Dallas, Tarrant, or Wise Counties. You have been sued.  You have provided your insurance company notice (tendered) the lawsuit, and you received a letter back from the insurance company.  Surprisingly, the insurance company has said…

At-Will Employment: What if I am fired for refusing to do something illegal? Is that Wrongful Termination?

Is there any legal protection for an at-will employee?   By Matthew Clarke, Shareholder Both Texas and California are “at will” employment states. That means that the employer can terminate employment for any reason or no reason. Likewise, the employee can leave the employer for any reason or no reason.  Some employees have a contract…

Preservation of text messages and emails as evidence

Should I preserve text messages and emails as evidence if I am sued? Nobody wants to be accused of spoliation of evidence (aka, destruction of evidence) such as text messages and emails. That’s likely why you are reading a blog about whether you must keep evidence.  The good news is that California no longer recognizes…

Employment Background Checks – Efforts To Prevent Full Transparency To Employers

Employment Background Checks – Efforts To Prevent Full Transparency To Employers … by Banning the “Check Box”  By Dugan P. Kelley, Esq. By 1996 estimates show that only roughly 50% of employers were using criminal employment background checks to vet potential employees.  By 2003, over 80% of employers had implemented criminal checks and that percentage has grown…

Lompoc Record Reports: Former jail project manager in legal fight with county – – Issues involve use of title, back pay, other allegations

Santa Barbara Wrongful Termination Lawsuit Reported by Lompoc Record Former jail project manager in wrongful termination lawsuit with county – Santa Barbara County is embroiled in civil litigation with the former project manager of the long-anticipated Northern Branch Jail, with both the project and county tax payers caught in the middle. Wrongful Termination Lawsuit involve use…

Sexual Harassment – Kelley, Clarke, PC sues another 7-Eleven Store, This Time in Texas

It is unfortunate that the same wrongdoing, including sexual harassment, can repeat itself in the employer-employee context.  “Those who cannot remember the past are condemned to repeat it.”  George Santayan. The 2014 Sexual Harassment Judgment In late 2014, Kelley Clarke, PLLC, PC obtained a six-figure California judgment against a 7 Eleven franchisee and its manager.  That Franchisee…

Expert Witness Fees Are Available Under California Fair Employment and Housing Act (FEHA)

Recover Expert Witness Fees Under FEHA If You Plan it Right Litigation attorneys frequently think about making a settlement offer under Code of Civil Procedure section 998.  If the defendant does not accept the offer and the plaintiff achieves a result that is greater than the offer, the Court can award expert witness fees.  Let’s face…

Are Attorneys Now Insulated From Malpractice During Mediation?

Are Attorneys Now Insulated by Mediation Confidentiality From Malpractice During Mediation? By Matthew Clarke Have you ever wondered if something you said or did during a mediation could come back to haunt you? The California Supreme Court recently addressed the scope of California’s mediation confidentiality statutes in Cassel v. Superior Court of Los Angeles County,…