Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
One type of an accommodation to a workplace disability that an employee may be entitled to is a reassignment due to a disability to a different position. Below is a useful information on your rights / obligations as a disabled worker, if you are in a situation where reassignment might be a good option for Read More …
The California courts make it clear that it is illegal to deny reasonable accommodations to a disable employee because of his disciplinary record related to that disability. In Humphrey v Memorial Hosps. Ass’n (2001), a medical transcriptionist with obsessive compulsive disorder (OCD) was consistently late to work because of ritualistic grooming behaviors in the morning. Read More …
In a recent California case Rhea v General Atomic, the court approved an employer’s practice of requiring exempt employees to use their vacation or other personal leave hours to cover for partial day absences. In that decision, the court first acknowledged the two well established rules: (1) an employer may not deduct pay from salary Read More …
Many employees incorrectly assume when quitting their job that they will qualify for unemployment benefits because they have good cause for resigning. In many cases, however, their reason for resignation, falls far short off that standard. Under the law, “good cause” for resigning within the meaning of unemployment insurance code means substantial, compelling reason for Read More …
California public employees, including employees of state agencies, enjoy access to the expedited mechanism of resolving work related disputed and discipline imposed on them – a Skelly hearing. Skelly hearings are conducted for variety of disciplinary reasons. These reasons range from letters of reprimand and warnings to suspension or reduction in pay, administrative leave, AWOL Read More …
In this video I discuss a common mistake that many employees make during their Skelly hearing or SPB hearing that you must avoid in order to make the best impression on your hearing officer and maximize your chances of winning.
California Government Code 8547 is the core statute that provides for whistleblower protection against retaliation for the State workers in California. The law states that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retaliation. This law covers University of California Read More …
It is important to remember that while any kind of unpaid leave that your supervisor or “hiring authority” at a state / county agency may be able to provide, if you are a qualified employee with a disability or serious medical condition within the meaning of ADA / FEHA, you might be entitled to protected Read More …
The recent Ninth Circuit Court France v Johnson decision is a very helpful age discrimination case for those employees who wish to file a claim for failure to promote based on age or for wrongful termination based on age discrimination. The France case held, among other things, that even though the claimant generally needs to show Read More …
As expansive as disability rights of California workers are, the right of qualifying disabled employees of California State agencies are even more broad that those of private sector employees. This is illustrated by the precedent decision of the State Personnel Board No. 00-07. In that case, the Board considered whether the employee of the DMV Read More …