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Article
Legal Decisions
Wrongful Discharge:
An employer can request information bout an employee�s specific medical condition and medication because the employee gave these reasons for being unable to complete her work duties, an appellate court ruled.
In Baily vs. Southwest Gas Company, the U.S. Court of appeals for the Ninth Circuit ruled that the employer could fire the employee when she refused to provide the information.
Negligence:
A jury awarded the employee $2.5 million after she was punched in the stomach by a co-worker. At the time she was assaulted, the plaintiff, who had a history of kidney problems, was working as a temporary employee at the firm.
Beckner vs. Barney and Barney, Superior Court of San Diego County.
Employment Law:
A federal appellate court has ruled that an employee who oversees some aspects of another employee�s job is not necessarily a supervisor. In this case, the plaintiff, who alleged sexual harassment, directly sued the employee she viewed as her supervisor. She claimed he was her supervisor because he possessed the authority to direct her work, provided input into her performance evaluations, and was in charge of her training.
The court ruled that those duties were insufficient to warrant defining the defendant as a supervisor under federal law. Under Title VII, a supervisor must have the authority to hire, fire, demote, promote, transfer, or discipline a subordinate. Therefore, ruled the court, the plaintiff could not sue her coworker.
Hall vs. Bodine Electric Company, U.S. Court of Appeals for the Seventh Circuit, No. 00-4222, 2002.
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