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Standing Strong For Employee Rights

San Fernando Valley Employment Law and Business Litigation Blog

Are they writing you up so they can fire you? Is that illegal?

If you are a long term employee with a stellar performance record it might come as a shock if all of the sudden you were being written-up for trivial offenses. Maybe the write-ups were for things that never got you written-up before or maybe they were for things that weren't even true. You might suspect that your employer is laying the groundwork for your termination and wonder if there is anything that you can do.

Wrongful Termination: What is a protected activity?

Often times when an employee has been terminated, he or she feels as though the termination is wrongful. They may have been treated unfairly or given a reason for their termination that they know to be untrue. Whether or not a termination is wrongful from a legal standpoint, however, involves a different type of analysis.

Can an employee be fired for refusing to break the law?

When an employer directs an employee to engage in illegal activity it puts the employee in an incredibly difficult situation. On one hand, the employee wants to uphold the law, is morally and ethically opposed to what the employer is asking, and naturally would fear the legal consequences of his action. But an equally compelling factor might be the employee's need for the job, the people who depend on him or her to provide a paycheck, and the difficulty of finding gainful employment in this economy. It can seem like a no-win situation.

Does an employer have to accommodate an employee's disability?

Often times a temporarily disabled employee can take a medical leave and return to work without any restrictions. If the employee and employer meet certain criteria, the employee will be protected from retaliation or discrimination and legally entitled to return to his or her job. Other times, however, an individual's disability requires more continued attention. Under these circumstances an employee may be entitled to a reasonable accommodation.

Can an employee be fired while on disability leave?

California provides broad protection to employees who are disabled. Sometimes an individual's disability necessitates a temporary leave of absence. If the employee and employer meet certain criteria, the employer is not permitted to fire the employee while he or she is on a disability leave.

Over $7 Million Dollars Awarded in Age Discrimination Case

In most industries, the expertise acquired through time makes an employee better at his job. This value sometimes gets passed along to the employee in the form of higher pay. Simultaneously, an employer might fear that an older workforce may require greater health related expenditures. Untoward employers then, frustrated at the prospect of having to pay quality workers quality wages, do their best to push older workers out the door in favor of less experienced but cheaper workers. Often times, they are able to do so without running afoul of the law. Other times, like in the example of T.J. Simers and the Los Angeles Times, they are not so fortunate.

Can I sue for wrongful termination when my employer provides a false excuse for my termination?

Just because your employer has given a false reason for your termination does not necessarily mean that you have a case for wrongful termination. The key is whether or not the reason given by the employer is merely an excuse, or pretext, for an illegally motivated termination.

How Much Is My Wrongful Termination Case Worth?

One of the first questions people have, after they learn that they have a potential wrongful termination case, is 'how much is my claim worth?' While every case is different, there are some general principles that can be applied to determine potential value.

Why do employees keep suing employers?

When I began practicing employment law, I kept asking myself the same questions:

A Brief Overview of Employment Law in California

Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal law, but features some slight variations that are often advantageous to plaintiffs.

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