Inability To Return From Medical Leave and Constructive Discharge

The California law is clear – in some cases, when an employee is unable to return to work from medical leave due to the medical condition caused by workplace environment, he may be able to make a claim for constructive discharge, i.e. wrongful termination, even if he wasn’t actually terminated, but instead – was unable Read More …

On Refusing To Reinstate An Employee After Resignation

Generally,  post-termination or post-resignation actions by employers have very little or no legal relevance to any legal case.  Further, unlike being terminated, refusing to reinstate an employee after he resigns is not considered an adverse employment action in the context of California discrimination laws,. This is illustrated by a recent case Featherstone v Southern Cal. Read More …