2005-1

Termination of an Employee Who Intended to File Workplace Safety Complaint Found Illegal

The termination of an employee suspected of planning to file workplace safety complaints has been found to be a preemptive retaliatory firing.

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Employee Must be Generally Unable to Perform Essential Job Functions to be Considered Disabled Under the Law

The Court of Appeal has held that in order for an employee to be considered disabled under the law, he or she must be unable to perform essential job functions generally, rather than only for a specific employer.

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Definition of "Employment" in Arbitration Policy Precludes Arbitration of Pre-Employment Claims

An employer's restrictive definition of "employment" in an arbitration policy has been found to preclude the employer from compelling arbitration of pre-employment claims

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