Nuddleman Law Firm’s New San Jose Office

The Nuddleman Law Firm, P.C. is happy to announce it is moving to a new San Jose office at 95 South Market Street, Suite 500 in downtown San Jose, California. The new location will allow us to continue serving our clients in the South Bay. Our main office will still be in Pleasanton, California, but we will be in San Jose as necessary to meet our clients’ needs.

New San Jose Office for the Nuddleman Law Firm, P.C.

The transition to the new San Jose office should be seamless for all our clients. Parking is available on the street or in the underground parking off San Pedro Street.

One of the benefits of today’s technology is the ability to serve our clients wherever they are located. Whether you want to meet in our main Pleasanton office, visit our satellite San Jose office or confer over the phone, the Nuddleman Law Firm, P.C. is available to assist you with your employment law matters. Robert Nuddleman represents employees and employers in a wide variety of employment law matters throughout California.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employers and employees in a wide range of employment law matters. Much of his practice focuses on wage and hour issues, such as unpaid overtime, meal and rest break violations, designing or enforcing commission plans, and other wage-related claims. He also advises employers on how to avoid harassment and wrongful termination claims and represents employees who have been victims of unlawful discrimination, retaliation or harassment. The Nuddleman Law Firm, P.C. helps employers develop good employment policies, and helps employers and employees with disability accommodation issues.

Disability Accommodations Require Extending Probationary Period

The Rancho Santiago Community College District learned the hard way that disability accommodations required the district to extend an employee’s probationary period. In Hernandez v. Rancho Santiago Community College Dist. an administrative assistant sued her employer for failing to accommodate her disability. Hernandez worked for defendant Rancho Santiago Community College District on and off for a number of years without any complaints about her performance.  During her one-year probationary period, her performance was to be evaluated at three months, seven months, and 11 months.  At the completion of 12 months of probation, she would become a permanent employee.  She took a medical leave of absence after 8 months for surgery related to a disability.  She was to return to work on, or shortly after, the anniversary of her hiring date.  The district terminated her while she was on the approved leave because her performance had not been reviewed.

District Sued for Failing to Provide Disability Accommodations

Hernandez sued the district alleging it failed to provide a disability accommodation for her medical condition. She also claimed the district failed to engage in an interactive process.  The court found in Hernandez’s favor and awarded her $723,746 in damages.  The court concluded the district could have accommodated her by extending her probationary period. If necessary, the district could have deducted the four months she was on disability leave from her probationary period. Alternatively, it could have added the time away from work to the probationary period. The district argued it would have been required to make Hernandez a permanent employee on the anniversary of her hiring regardless of the performance evaluation. The court disagreed.

The appellate court affirmed the lower court’s decision.

Disability Accommodations in the Workplace

Employers must provide reasonable accommodations to persons with disabilities unless to do so would create an undue hardship. Employers and employees must engage in an interactive process to determine what, if any, reasonable accommodations will enable the employee to perform the essential functions of the job. I routinely advise employers on how to correctly process disability accommodation requests. I work with employees to obtain the disability accommodations they need. Many employers misunderstand their obligations, and employees oftentimes don’t know their rights and obligations.

Providing persons with disabilities equal access to employment is a fundamental right protected by state and federal laws. Understanding the rights and obligations of both parties is the most effective way of ensuring persons with disabilities receive the accommodations the law requires.

If you have a question or concern about workplace disability accommodations, contact the Nuddleman Law Firm.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

4th of July Parade in Danville

Danville 4th of July Parade

If you don’t have plans Wednesday morning, come to watch the Danville Parade. The Kiwanis Club of San Ramon Valley–of which I am a member–has organized and conducted the annual Kiwanis 4th of July Parade in partnership with the Town of Danville since 1975. The parade attracts 30,000-40,000 spectators each year and is a wonderful opportunity for the community to come together and celebrate America’s birth.

You can read about the 4th of July parade here.

Hope to see you there.

4th of July Trivia

In the meantime, here are some interesting Trivia Facts about the 4th of July (from https://www.theodysseyonline.com/fourth-july-fun-facts-trivia):

1. John Hancock was the only member of the Continental Congress to formally sign the Declaration of Independence on July 4th, 1776.

2. The Fourth of July was not declared a federal holiday until 1938.

3. The first White House Fourth of July party was held in 1804.

4. Around 150 million hot dogs are consumed on Fourth of July (wonder if this statistic includes the hot dogs consumed during the annual Nathan’s Fourth of July Hot Dog Eating Contest?)

5. Back in 1776, when the Declaration of Independence was signed, 2.5 million new people lived in the U.S. Now 240 years later, 311 million people live.

6. The now American-celebrated song, Yankee Doodle, was originally written by officers of the British army to make fun of backwoods Americans.

7. Three United States presidents died on the Fourth of July: John Adams, Thomas Jefferson, and James Monroe.

8. July 4th is also celebrated in the Philippines because in 1946, the country was recognized as an independent nation.

9. In one year, $600 million is spent on fireworks alone in the U.S.

10. Most of the signers of the Declaration did not formally sign until August 2, 1776.

11. Though it is no treasure map as predicted by Nicholas Cage in “Treasure Hunt 2”, the message “Original Declaration of Independence dated 4th July 1776″ is written upside down on the back of the Declaration of Independence.

12. More than 14,000 firework displays are put on across the country on Fourth of July!

13. Bristol, Rhode Island is home to the world’s oldest Independence Day celebration. It dates back to 1785!

14. In 1781, the great state of Massachusetts became the first one to declare Independence Day a holiday

15. Macy’s Fourth of July Fireworks Display is the largest in the United States.

4th of July Quiz

Want more? Try your 4th of July knowledge with this Quiz.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employers and employees in a wide range of employment law matters. Much of his practice focuses on wage and hour issues, such as unpaid overtime, meal and rest break violations, designing or enforcing commission plans, and other wage-related claims. He also advises employers on how to avoid harassment and wrongful termination claims, and represents employees who have been victims of unlawful discrimination, retaliation or harassment. The Nuddleman Law Firm, P.C. helps employers develop good employment policies, and helps employers and employees with disability accommodation issues.