''Asmus v. Pacific Bell'', 23 Cal.4th 1 (2000) is a
US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
case, concerning the scope of
federal preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating ...
against state law for
labor rights
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...
.
Facts
In 1986, Pacific Bell's "Management Employment Security Policy" stated it would ensure its staff has a right to be reassigned to different jobs and retrained if their existing jobs were eliminated. But in 1990 it withdrew this right. Sixty management employees claimed this withdrawal was unlawful.
Judgment
The
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...
(Chin J giving judgment, Baxter J, Brown J and Haller J concurring) held an employment policy promising long term
job security
Job security is the probability that an individual will keep their job; a job with a high level of security is such that a person with the job would have a small chance of losing it. Many factors threaten job security: globalization, outsourcing ...
to a firm's managers can be modified if (1) the policy is one of 'indefinite duration' (2) the policy is in effect for a 'reasonable time' (3) 'reasonable notice' was given for a change, and (4) no 'vested benefits' are affected by the change.
George CJ dissented. Mosk J and Kennard J concurred in the dissent.
See also
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United States labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
Notes
{{reflist, 2
References
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United States labor case law
2000 in United States case law
2000 in labor relations