Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
One of the more common violations of religious anti-discrimination laws in California by employer is refusing to accommodate an employee’s schedule because of his religious beliefs, when it can easily be done. In July 2015, DFEH filed such a case in Sacramento County Superior Court – DFEH, on Behalf of Christopher Robello v Sac Express, Read More …
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 …
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 …
Being investigated at work is one of more stressful things that employees have to deal with. This is regardless of whether the accusations which lead to an investigation are fair or fabricated. Watch this video below to make sure that you avoid one very common mistake during the investigation which increases the chances of being Read More …
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 …
One of the most common types of medical notes that we see our clients receive is the so-called Kaiser “Work Status Report“. Usually, it just states that an employee is excused from work from date x till date y. No further information about that employee’s medical condition is provided. While this kind of Kaiser note Read More …
It’s not uncommon for employers to place a disabled employee on unpaid medical leave, even though that employee can perform all or most of his job duties with accommodation. An employer can have to major motivations for doing this – (a) hiring a (temporary) replacement who is healthy and who will be more efficient at Read More …
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 …
The Sixth District Court of Appeal recently explained in Serri v. Santa Clara University (2014), that unlawful harassment consists of conduct which is not necessary to one’s job performance and is “presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives (citing Reno v. Baird (1998)) and “is distinguishable Read More …
Many compelling disability discrimination cases involve a situation where the employee has to call in sick due to his known serious medical condition or a disability, but the employer nevertheless penalizes that employee for those absences by writing that employee up or giving him a “point” for each absence, if there is a points systems Read More …