Litigation Blog

Archive for the ‘Labor Law’ Category

As a Los Angeles based business litigation attorney representing small to medium sized companies, I often need to address lawsuits brought by former employees.  In these lawsuits the fired employee usually claims they were unfairly fired because they did nothing wrong or their boss had it out for them.

The issue is often whether the company was required to provide them some sort of hearing or whether the firing was based upon some form of discrimination and merely a pretext.

In California there is something called at-will employment.  Labor Code section 2922 provides, in pertinent part: “An employment, having no specified term, may be terminated at the will of either party on notice to the other.” This statute creates a presumption of at-will employment which may be overcome ‘by evidence that despite the absence of a specified term, the parties agreed that the employer’s power to terminate would be limited in some way, e.g., by a requirement that termination be based only on “good cause.”

If the employee can overcome the presumption the employment was not at-will but there was an implied agreement only to terminate the employment for good cause, the next issue is what duty does the employer have to investigate the alleged wrongdoing.

California cases have held jury need not decide whether the terminated employee actually engaged in the illicit activity, but whether at the time the decision to terminate his employment was made, the employer acted in good faith and following an investigation that was appropriate under the circumstances, had reasonable grounds for believing the plaintiff engaged in the wrongful behavior.

If the terminated employee claims they were wrongfully fired in violation of public policy, they would need to prove the firing violated some constitutional right or right guaranteed by statute.  An example would be the employee was fired because of their race or national origin, the employee complained about being a victim of sexual harassment, or the employee refused to lie in an investigation against the employer.  These are a few examples of a firing that would be wrongul in that it is against public policy.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

 

In this economic environment we are seeing a lot of bid protests on public works construction projects.  Public contracts requires the public entity to assure construction contract awards are subject to fair competive bidding.

The goal of competitive bidding in public contracting is to guard against favoritism, improvidence, extravagance, fraud, and corruption; to prevent waste of public funds; and to obtain the best economic result for the public.

Bid protests arise when an unsuccessful bidder challenges a contract award to another bidder.  The challenge could be the party awarded the contract gained an advantage over other bidders because the winning bidder did not provide a bid that conformed to the contract specifications.

Another ground for a bid protest is the awarding body did not award the contract to the lowest responsible bidder.

Courts have held that a lowest responsible bidder who has been denied a contract has no right to damages; however a contract award to one bidder may be restrained upon the petition of another bidder where such award would constitute an abuse of discretion by the awarding entity.
In a case called Baldwin-Lima-Hamilton Corp. v. Superior Court, (1962) 208 Cal. App.2nd 802at pp. 824-826 the court held it is within the court’s power to determine whether a public official has abused his discretion in awarding a contract pursuant to illegal and invalid specifications that fail to provide for full and competitive bidding.

California bid protest cases have expressed the view that a writ of mandate will be granted if the contract award constitutes an abuse of discretion.

Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

 

With at least $700 billion dollars pledged for the economic stimulas, the question is how long will it take to see results.  Most of this money will go to awarding construction contracts to rebuild the country’s infrastructure like bridges, government buildings and roads.  This could result in a boom for the construction industry.  What we are doing is preparing to assist contractors weed through the government regulations in order to land these contracts.

The normal procedure when awarding public contracts is to advertise for bids.  Qualified bidders then obtain copies of the plans and specifications and submit sealed bids.  Before the government is in a position to advertise for bids, it must have the engineers and architects prepare the necessary construction documents including the blueprints and specifications.  These are then made available to contractors in order to bid the job.  I suspect it could take months before the government is in a position to seek bids.

When that happens our firm will be in a position to assist construction contractors who want to take advantagew of what could be the biggest business opportunities in many years.