A fiduciary duty is an obligation to act in a person’s best interest, due to the nature of the relationship with that person.
According to California’s Labor Code § 558.1, an employing organization’s managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it’s true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.
On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination.
Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.
Have you ever rented a car from a company like Avis, Alamo, Budget, Enterprise, or Hertz? Most people have, and you may have noticed something peculiar when you did. After all the documentation has been signed and you’re ready to take possession of the vehicle, they hand you the key. Except they don’t give you the key. Frequently, they instead hand you the keys – both of the car’s keys, stuck together on one unbreakable braided steel lanyard.