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,…

California Supreme Court Pays Non-California Residents Time-And-A-Half

California Supreme Court Pays Non-California Residents Time-And-A-Half  By: Matthew N. Mong Every day, thousands of out-of-staters enter California to work.  However, until recently, it was undecided whether California’s overtime laws applied to these individuals.  In Sullivan v. Oracle Corporation, No. (2011) S170577, the California Supreme Court finally determined that California’s overtime laws do apply to employees…

California Contractors: It All Starts with the Preliminary Notice

California Contractors:  It All Starts with the Preliminary Notice Mark Coffin, Esq. In California, contractors have special privileges.  Most other professions are not given “secured creditor” status, or allowed to foreclose on real estate or bank accounts in order to collect payments, even if they have no contract with the owner of those assets.  The…

The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.

Constructive Termination Because the Employer Forced You to use Your Vehicle? On December 13, 2013, the California Court of Appeal held that Jorge L. Vasquez did not state a valid legal claim for constructive termination in violation of public policy. The employee claimed that the employer violated the Labor Code by assigning him tasks that…

What you should do when faced with workplace harassment or discrimination

What should an employee do when when faced with harassment or discrimination at work? Kelley Clarke, PLLC recommends that an employee who is faced with harassment or discrimination do the following: 1. Tell the person to stop, both verbally and in writing. It is always very important to have evidence of your communications with your…

Causation in Wrongful Termination Cases

Wrongful Termination: How do you prove your termination was caused by an illegal act? Matthew Clarke | Kelley Clarke, PLLC Trial Court Erred in Wrongful Termination Case Another trial court has run afoul of the proper legal standard for causation in wrongful termination cases.  In Mendoza v. Western Medical Center Santa Ana, the plaintiff/employee claimed that after…