Bullying

Many workers feel like they are being bullied by their manager. Workplace bullying can range form anything from being micromanaged and told that no matter what you do is not good enough, to being yelled at, cussed at, and otherwise been treated less than respectfully by your manager.  However, workplace bullying, however unfair and hurtful Read More …

Denial of Promotion and Discrimination Cases

There are two important reasons why denial of promotion cases based on claimed discrimination are generally harder to prove and win and are less attractive financially and practically. (a) Limited damages. Both economic and non-economic (emotional distress) damages in failure to promote cases are usually significant lower than in wrongful termination cases. The “value” of Read More …

Requesting Accommodation Is Now A Protected Activity

Until recently, the employers were able to successfully argue that a retaliation claim cannot be made based on requesting accommodation to a disability.  This was due to the California case law that suggested that requesting an accommodation to a disability is not a “protected activity” within the meaning of FEHA anti-retaliation laws, and therefore no Read More …

Whistleblower Retaliation Protection for Energy Workers

U.S.C. § 5851.1 is a whistleblower retaliation protection law that protects energy workers who report or otherwise act upon safety concerns. This law specifically prohibits employers from discharging or otherwise discriminating against employees for several acts, including notifying an employer of a violation, initiating an enforcement proceeding, or testifying in a safety or enforcement proceeding. Read More …