Author Archives: Kenneth G. Ruttenberg
Are Oral Contracts as Good as Written Contracts?
Contracts can be oral or written. They can even be implied by the conduct of the parties. But does that mean you needn’t bother to have a contract put in writing? The answer is “No!” It is always better to have your contract in writing, and there are several reasons why. First and foremost is… Read More »
Breach of the Covenant of Good Faith and Fair Dealing
If you’re not getting what you thought you would get from your contract, can you sue the other person for breach, even if he has not violated any of the express terms of the contract? The answer may be yes. A contracting party must not only adhere to the express terms of a contract, but… Read More »
Language Restrictions in the Workplace
Karen Morris was employed by a winery in Madera County for more than 22 years, but when she complained about her unsafe working environment and the behavior of her co-workers, she was fired. Ms. Morris worked as a lab technician for Mission Bell Winery, and reported finding rat droppings and mold in her work area…. Read More »
Avoiding Double Victimization in Sexual Harassment
A study published by the Organization Science Journal concerning victims of sexual harassment at work has found that victims who remain passive in the face of sexual harassment often become victims of a secondary ― more passive ― form of harassment. The report, co-authored by academics from the Universities of Utah, Notre Dame, Columbia and… Read More »
UC Board of Regents Settles Racial Harassment Case for $4.5 Million
The Regents of the University of California have agreed to pay Dr. Christian Head, a surgeon at UCLA’s medical school, an out-of-court settlement of $4.5 million to resolve the racial discrimination claim he filed earlier this year. Dr. Head, a head and neck specialist, filed suit against his employer for failing to prevent discrimination, harassment… Read More »
Who is Liable for Sexual Harassment?
Dr. Richard Vladovic, a board member of the Los Angeles Unified School District, is under investigation after two employees of the LAUSD, one male and the other female, reported him for sexual harassment and employee intimidation. Dr. Vladovic is alleged to have threatened the jobs of both employees and to have otherwise harassed and bullied… Read More »
Employer Liability and Preventing Sexual Harassment
The State of California has recently enacted legislation mandating extensive and specific workplace training programs to stop and prevent sexual harassment. Regular training is one proven method for reducing the frequency of sexual harassment allegations by workers. In addition to providing ongoing training, the employer must take all reasonable steps to prevent harassment in the… Read More »
Sexual Harassment Suit Filed Against Silicon Valley Venture Capital Firm
Recently, a Silicon Valley venture capital firm, CMEA Capital, found itself at the wrong end of an 89 count complaint alleging that one of its partners, John Haag, had sexually harassed three of the firm’s executive assistants. Claiming that Haag was a known predator, the complaint paints a sordid picture of his conduct replete with… Read More »
A Closer Look at Protected Classes
According to Title VII of the Civil Rights Act of 1964, it is illegal in all 50 states to discriminate against an employee on the basis of race, color, gender, national origin, religion, disability, age, citizenship status or genetic information. The state of California has added marital status, sexual orientation, HIV status and political affiliation… Read More »
You Can Stop Sexual Harassment!
The Equal Employment Opportunity Commission (EEOC) is a federal government agency that protects your right to a workplace free of discriminatory practices. Just because the law outlaws it, does not mean sexual harassment has been eliminated. Although sexual harassment has been illegal since 1976, it is still all too common. If you are being sexually… Read More »