Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
Our experience confirms over and over that when it comes to asking a manger or human resources manager for anything, you are much better off asking nicely than demanding it or even worse – making any kind of threats. This is especially true if you are asking for something that your manager can give you Read More …
One of the common types of wrongful termination cases based on the employer’s violation of medical leave and disability laws is terminating an employee who is supposed to return to work at some future date after being out for several months or longer, and after extending his originally granted leave once or a few times. Read More …
The video below explains that employees – union members in California have two distinct sets of rights: (1) under California or Federal law and also (2) the Union Bargaining Agreement (CBA). This distinction is important when pursuing a wrongful termination case:
The 9th Circuit has filed an opinion today holding that service advisors of automobile dealerships are not exempt from overtime pay. (Navarro v Encino Motorcars, LLC.) In that case the dispute focused around the existing FLSA exemption from overtime that applies to “any salesman, partsman or mechanic” … “primarily engaged in selling or servicing automobiles”. Read More …
Let’s say you have been accused of something at work, whether fairly or unfairly. The employer is investigation the allegations and they are about to interview you, i.e. ask you questions about the allegations to find out your side of the story. This is probably a stressful time and process for you. One thing you Read More …
The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit on Nov. 30, 2017 against Stevens Transport, a refrigerated trucking company, for allegedly violating the Americans with Disabilities Act (ADA). According to the EEOC, the company told a potential hire Bill Brown that they could not hire him due to a company policy that prevented the hiring of people with Read More …
Under California law, an at-will employee can be terminated for any legal reason or no reason. However, in reality not giving a reason for termination to the employee you are about to fire is often a bad idea, because it can make any potential wrongful termination case they will pursue stronger. Here is a common Read More …
One of the more rarely mentioned types of retaliation claims available to employees is a retaliatory harassment claim. In Yanowitz case, the California Supreme Court cited with approval Gunnell v. Utah Valley State College case for the proposition that “coworker hostility or retaliatory harassment, if sufficiently severe, can constitute adverse employment action for purposes of a Read More …
Changing your work schedule. If you are an at will employee, your employer is free to change their schedule regardless of what was promised to you and what the initial arrangement was at the time of your hiring. There is no law that states that an employer has to stick to a certain schedule and that Read More …
Suppose you have been fired from your job while being on disability leave because of your serious medical condition. Around the time of your termination or shortly after you are certified as totally disabled – i.e. unable to perform any job indefinitely or forever. Let’s assume that you can prove that the reason for your Read More …