Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
California employers have an affirmative duty to take reasonable steps to prevent harassment or discrimination from occurring (Government Code 12940(k). Employers’ duty to prevent discrimination requires that employer respond promptly and properly to allegations of harassment or discrimination that are known to it (Trujillo v. North County Transit District (1998)). And it applies equally to Read More …
The U.S. Equal Employment Opportunity Commission (EEOC) announced filing a lawsuit on July 19, 2017 against the Hershey Company for allegedly refusing to accommodate a disability and later firing a disabled employee. “Employers cannot ignore a request for a reasonable accommodation from an employee with a disability,” said Nancy Sienko, director of the EEOC’s Seattle Read More …
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 …
The most common way for attorneys to be compensated when representing a claimant in a wrongful termination case is a combination of a small retainer (around $2000 – $2,500) and the rest of the compensation is on contingency of around 35% – 40% of any settlement or award in the case. Many claims brought against Read More …
One of the most common types of questions we hear people ask over over and is this: Can I be fired while on medical leave / disability leave / after being injured at work or outside of work / if I am pregnant? The answer to this question has to be divided into two parts: Read More …
If you are about to file a wrongful termination case against your employer, based on discrimination or retaliation or both, you should make sure you include any claim for unpaid wages or overtime, and any other claims for technical labor code violations, if possible. These may include such violation as failure to provide meal breaks Read More …
One of the most frustrating things that can happen at work is being falsely accused for some type of violation or even worse – a crime such as theft, fraud, etc… – and being fired as a result. You may feel that you have been framed and you can do nothing about proving that you Read More …
Here are specific ways in which you can enhance your wrongful termination case when you are terminated while on disability or medical leave in violation of ADA, FEHA, FMLA, CFRA or any other applicable law: 1. Obtain a letter from a doctor that states that you have been released to return to work with or Read More …
In June 2016, California legislature introduced and passed the law for phasing in statewide minimum wage increases that will ultimately reach $15 / hour by 2022 for larger employers and by 2023 for smaller employers. For employers with more than 25 employees, the hourly minimum wage will increase according to the following schedule: to $10.50 Read More …
