Nine percent of current employees and 12% of job applicants test positive for illegal drug use, the U.S. Department of Labor has reported. Given these numbers, and the fact that drug abuse is estimated to cost business $100 billion per year in lost profits, it is no wonder that many businesses are considering drug testing.
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With no discriminatory intent whatsoever, many interviewers get themselves and their companies in trouble by asking seemingly innocent questions. Taking a few steps to avoid improper questions can save your company from litigation and legal fees. Questions such as “How old are you?” “When did you graduate high school?” and “Do you have any disabilities?”
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A relatively new trend has emerged, whereby employers are attempting to limit the expense and exposure of wrongful termination actions by requiring that all employees sign arbitration agreements. I am frequently asked by employers whether they should adopt such an approach. Before turning to that question, let’s dispel some of the myths about arbitration. Arbitration
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Judges hate trials. Every minute a judge spends on a trial is a minute he or she can’t spend on other matters. In fact, many judges will punish the attorneys if they don’t resolve the matter prior to trial. At the Orange County Superior Court, there used to be a well-known punishment awaiting any attorney
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An unplanned tour of our judicial system can be financially devastating to a business. Upon being sued, the business becomes an unwilling participant in costly and often inescapable legal proceedings. The fact that the suit may be groundless is of little comfort. Long before any court looks at the relative merits of the plaintiff’s claims,
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Section 17200 sounded good on paper. If a business was engaging in unfair business practices, it could be sued by Joe Citizen to force the business to get back in line. Under the “Private Attorney General” approach, the plaintiff does not even need to be an injured party. In theory, instead of relying on the
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