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What is the classification of watches Watches on the market generally divided into two categories of rolex replica mechanical and quartz electronics. Additional features of the mechanical watch with automatic, calendar display, multi pin instructions, etc.Additional features of quartz electronic watch is more, especially the digital display of rolex replica the electronic watch, the appearance of the decorative function is more colorful. High added value of the sapphire table glass,Ceramic case, tungsten steel case, diamond technology etc.. From wearing the style and requirements, can be divided into the dress table, leisure table, leisure table, sports watch, several kinds of professional chronograph Generally speaking, different occasions are advised to wear different styles of watches. Can be divided into male and female models, neutral models, several types of visitdevonandcornwall.co.uk child models from the perspective of the wearer. Mechanical watches and quartz watch what What distinguishes Mechanical watches rely on the spring wind powered time through the gear drive. Mechanical table is divided into manual winding and automatic winding. Because the structure is more complex, phenotype More heavy. Because of the characteristics of the principle of travel, to be affected by gravity, mechanical friction, temperature changes, the use of the situation and other reasons, the error is relatively large quartz watch.
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Winter 2007 Newsletter (PDF)



Articles

The following articles were written by attorneys at the law firm of Sterling Scott Winchell.  They provide information important to both employers and employees and can assist them with recognizing and correctly dealing with legal issues.



FALSE STATEMENTS OF EMPLOYER MADE IN CONNECTION WITH HIRING
Employers and employees should be aware that employers may be liable for damages for misrepresentations made by them to a prospective employee regarding any of the following:

1.     The kind or character of work offered;

2.     The existence of the work;

3.     The length of time that the work will last; or

4.     The compensation for the work. 

The most common situations are where an employee leaves a secure job, or forsakes another job offer because of inaccurate information given by the employer when making the job offer.

If the employee had to change residences to accept this new employment, and can demonstrate that the misrepresentation regarding the job was material, and was made intent to deceive, there is potential liability to the employer for a double damage penalty under California law, as well as punitive damages.

The representations can be spoken, written in a letter, or advertised in a newspaper for them to be actionable.




DISCRIMINATION IN EMPLOYMENT
It is unlawful under the laws of California and the United States to for an employer to refuse to hire, refuse to employ, refuse to select for a training program leading to employment, to terminate, or to discriminate against any person in compensation, terms, conditions or privileges of employment on the basis of race, religion, color, ancestry, physical or mental disability, medical condition, marital status or sex, or because of pregnancy.

There are many qualifications to discrimination law.  An employer is defined under California law as any person regularly employing at least 5 or more persons. Accordingly, discrimination actions may not be brought against employers with under 5 regular employees.. For the purposes of employment discrimination,  actions based upon mental disability may not be brought against employers with less than 15 regular employees. Additionally, non- profit religious associations or corporations may not be sued for employment  discrimination.

In cases involving physical handicap, mental disability or medical condition, an employer need not hire or retain a person who can no longer perform his or her job function with a reasonable accommodation.  An exception is for an employer who employs 50 or more persons. That employer must allow an employee with 12 months service to take up to 12 work weeks in any one year period for family care or medical leave.  "Family care and medical leave" includes leave for: the birth of your child, an adoption of a child, or the serious health condition of your child; the care of a parent or spouse who has a serious health condition; or the employee's own serious health condition.

It is unlawful for an employer, because of pregnancy, childbirth or related medical condition of any female employee to refuse to promote her, select her for a training program leading to promotion, to discharge her from employment or a training program leading to promotion, or to discriminate against her in compensation, terms, conditions or privileges of employment.  The employer must allow the employee to take a leave on account of pregnancy for a reasonable period of time, not to exceed 4 months.




DEFAMING AN EMPLOYEE AFTER TERMINATION
All too often a former employer may make untruthful statements about an employee to potential employers, preventing that former employee from obtaining new employment.  It is unlawful for a former employer to make a false statement regarding a former employee, which false statement prevents, or is made with the intention of preventing the former employee from obtaining new employment.

The law provides for triple damages against the former employer as a penalty for the false statement, in addition to any other compensatory damages suffered from the false statement. This providing that the employee can prove that the statement was made, that it was made with the intent of preventing the employee from obtaining new employment, and the employee loses that employment opportunity because of the false statement.

Another all too common situation is where an employee hasn't committed any acts of dishonesty on the job, but is terminated in a manner that conveys a message to the other workers that the employee is dishonest. Examples are where the employee is supervised while cleaning out his or her desk, is escorted off the business premises upon termination, or the locks are changed.

Although none of the above situations are verbal statements, they all convey a potentially false message to the other workers that the former employee was terminated for dishonesty.  That false message, when spread to other potential employers in the industry, may prevent re-employment and thereby may enable the employee to recover the treble damages penalty.




CONSTRUCTIVE DISCHARGE
Constructive discharge occurs when the employer's conduct forces an employee to resign.  It may be thought of by comparison to a landlord who drives a tenant out of an apartment by shutting off the tenant's utilities.  Both situations are unlawful.

Although in a constructive discharge the employee may have said "I quit", the intolerable acts of the employer forced the employee to quit against his or her will.  A constructive discharge is therefore considered to be a "firing" under the law, not a voluntary resignation.

Not every situation where the employee leaves an unpleasant job may be actionable as a constructive discharge.  The law narrows it to one type of situation.  The resignation of the employee must be coerced by the employer.  The coercion must be of a nature where the conduct of the employer is so extreme and outrageous that the working conditions become intolerable, and that no reasonable person would stay under those conditions.  A single isolated bad act by the employer is not enough.  And a poor performance rating or demotion, even when accompanied by a cut in pay, is not enough, by itself, for an action for constructive discharge.




WRONGFUL TERMINATION
All employees in California are presumed to be "at-will".  "At will" means that employees may generally quit a job, for any reason, as long as they give reasonable notice that they are leaving; that notice is commonly two weeks.  It also means that, just as the employee may leave for any reason on reasonable notice, the employer may terminate the employee for any reason, after giving the employee reasonable notice.  In other words, in an "at-will" employment relationship, neither the employer nor the employee needs any reason to end the relationship.  Either side can end the employment relationship at any time, "at-will".

The presumption that the employment relationship is "at-will" can be overcome by the employee, requiring the employer to have a good reason, or "cause", to terminate the employee.  The presumption can be overcome in either of two ways: 1) by an express agreement that the employee employment will not be terminated except for "cause"; or 2) by an "implied-in-fact promise" by the employer that an employee will not be terminated without "cause". 

Express agreements are just that.  The employer either verbally tells the employee that he or she will never be fired without a good reason or "cause" [or words to that effect]; or there is something in writing from the employer stating that the employee will not be terminated except for "cause".  Commonly, collective bargaining agreements that are negotiated by unions on behalf of employees contain a provision where the employer agrees that the employees will only be terminated for "cause".

An "implied-in-fact promise" from the employer not to terminate the employee without "cause" may be shown if the employee can prove at least 3 of the 6 following criteria:

1. A long period of service;

2. Numerous good performance reviews over time;

3. At least one promotion;

4. Lack of criticism on the job; 

5. An assurance of continued employment as long as good performance continues;

6. That neither the personnel policy or any other document from the employer states that the employment relationship is "at-will".

It is important to know that even if the employer's personnel policy states that employment is "at-will", that is not necessarily conclusive.  If the employee can show any 3 of the 6 criteria listed above, he or she may prove an "implied in fact" promise from the employer not to be terminated without "cause".  And if there is an express promise from the employer, verbally or in writing, that the employee will not be terminated except for cause, that express promise may override a personnel policy to the contrary.




If you are an employer who wishes to avoid legal pitfalls, or if you are an employee who believes you have experienced misleading information in hiring, discrimination, defamation, wrongful termination, constructive discharge, or other employment problem, please contact attorneys Sterling Scott Winchell or Linda A. Albers for further information and a free initial consultation regarding your legal rights.


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