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Stearns Kim & Stearns, Ryan E. Stearns

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Stearns Kim & Stearns, Ryan E. Stearns
3424 W Carson St
Torrance, CA 90503
33.8307506,-118.3456569

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3424 W Carson St
Torrance, CA 90503

Recent Legal Articles

When an Employee Refuses to Sign a Restrictive Covenant
when an Employee Refuses to Sign a Restrictive Covenant
Three-Year Restriction Found Unreasonable in CPA Non-Compete Agreement
haims, Buzzeo & Co. v. Wikstrom, 2003 Conn. Super. LEXIS 2539
Employer Not Liable for Doing “Stupid” or Even “Wicked” Things
employment discrimination laws protect employees from discrimination.  They do not protect against “ordinary workplace experiences” that offend one’s sensibilities or result in hurt feelings.  A Connecticut woman found that out the hard way when a Court of Appeals affirmed the trial court’s grant of summary judgment against her.  There was no dispute as to any material fact and the employer was entitled to judgment as a matter of law.  Thus, there was no need for a trial on the merits. The employee in question was fired from her “at will” position as Public Relations Coordinator for a large corporation because of her volatile workplace behavior spanning three years.  She claimed that she was fired because of her age, and that she had suffered intentional infliction of emotional distress as a result.
Five Things You Need to Know About Connecticut Separation Agreements
as a result of the state of the economy, in general, and in Fairfield County, in particular, we in the Westport, Connecticut office of Maya Murphy, P.C. have seen a spate of Separation Agreements brought to us by recently terminated employees.  Our experienced employment-law attorneys review and critique these Agreements, and often advocate on behalf of our clients to enhance a separation package. Here are five things you need to know about Separation Agreements:
Four-Prong Test Applied to Enforce Non-Compete Provision in a Franchise Agreement
money Mailer Franchise Corporation v. Wheeler, 2008 Conn. Super. LEXIS 2260
Enforcing a Non-Compete Agreement in a Medical Partnership
fairfield County Bariatrics and Surgical Associates, P.C. v. Ehrlich, 2010 Conn. Super. LEXIS 568
A Quick Guide to Separation Agreements and Severance Packages
a Quick Guide to Separation Agreements and Severance Packages
Proxy/Alter Ego Liability for Sexual Harassment
proxy/Alter Ego Liability for Sexual Harassment
Investigatory Meeting Even With Possible Consequences Not an Adverse Employment Action
employees sometimes find themselves summoned to an internal investigation and informed that they could be terminated depending upon the results of the investigation.  As long as the employer is merely (and reasonably) enforcing its preexisting disciplinary policies, such circumstances (however unsettling) do not support even a prima facie case of employment discrimination.
Court Amends Time Restriction for Engineering Firm Non-Compete Agreement
maintenance Technologies International, LLC v. Vega, 2006 Conn. Super. LEXIS 136
Breach and Irreparable Harm Required for Enforcement of Non-Compete Agreement
opticare, P.C. v. Zimmerman, 2008 Conn. Super. LEXIS 759
To Be Qualified for a Position, an Employee Must Also Be Eligible
most employees are familiar with the proposition that for them to prevail in a discrimination case they must prove several things, including that they were “qualified” for the position sought (and denied).  Most people equate being “qualified” with “possessing the qualifications to perform the job” and this is correct.  But there is more.  In addition to being technically competent, the employee must also be eligible to apply for the position.
Employee Handbook Alert: Seemingly Neutral Work Rule May Violate NLRA
the National Labor Relations Act (“NLRA”) gives private-sector employees the unqualified right to engage in “protected concerted activity” which includes discussing among themselves such things as wages, hours and other terms and conditions of employment.  An employer cannot promulgate a work rule that tends reasonably to chill employees’ exercise of that statutory right. Karl Knauz Motors, Inc. owned and operated a BMW dealership.  Its employee handbook contained the following (apparently common sense) rule: (b) Courtesy: Courtesy is the responsibility of every employee.  Everyone is expected to be courteous, polite, and friendly to our customers, vendors and suppliers, as well as to their fellow employees.  No one should be disrespectful or use profanity or any other language which injures the image or reputation of the Dealership.
Court Denies Enforcement Due to Inconsistencies & Absence of Valid Contract
luongo Construction & Development, LLC v. Keim, 2008 Conn. Super. LEXIS 1182
Preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort
preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort
Court Invalidates Non-Compete Agreement for Excessive Restraint of Trade
cT Cellar Doors, LLC v. Palamar, 2010 Conn. Super. LEXIS 3247
Firing to Prevent Pension Vesting, Without More, Does Not Violate ADEA
in this economy, companies are terminating employees in an effort to increase share value or simply improve the bottom line.  Often it is the older, more senior, and more costly employees that are the first to go.  The question sometimes arises: “Can my employer fire me to prevent my pension from vesting (thereby saving itself money) without violating the Age Discrimination in Employment Act?”  The short and surprising answer is “yes,” assuming the absence of other critical allegations necessary to sustain an ADEA claim.
Real Estate Fraud Statute of Limitations In California
learn about the real estate fraud statute of limitations in California and understand how it impacts real estate transactions.
Amusement Parks in California - A Legal Perspective
stay safe at amusement parks in California - learn about the legal landscape and your rights after an accident.