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Wrongful Termination Archives

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 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.

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.

State Court vs. Federal Court in Employment Litigation

There are many choices that a plaintiff must make when he or she decides to bring a lawsuit. A number of variables may affect the manner in which a case proceeds, and the judgment in which it ultimately results. One of the most important decisions that must be made at the earliest stages of litigation is that regarding the forum in which the lawsuit will take place. When an individual files a complaint, he or she may have the option to do so in either state court or federal court in certain circumstances. Each forum has unique advantages and disadvantages, so it is important to be informed about both before initiating legal proceedings.

Termination After Relocation: California Law Protects Employees Fired from Distant Positions that were Falsely Advertised

The concept of at-will employment can often seem unfair. Many workers who feel they have been fired unjustly hope to take legal action against their former employers, but are disappointed to discover that they do not have sufficient grounds to bring viable lawsuits because the reasons for their terminations were not among those ordinarily proscribed by law. The idea that an at-will termination is non-actionable is all the more disheartening for an employee who moved a great distance to occupy his or her job position.

A Disabled Employee's Right to Reasonable Accommodations in California

It is illegal under both California and federal law for an employer to terminate or take other adverse employment action against an employee because that employee is disabled. In order to prevail on a wrongful termination claim for disability discrimination, however, a disabled employee who has been fired needs to prove not only that he has a disability, but also that he can still perform the essential functions of his job with or without reasonable accommodation.

Can employees be fired for taking additional leave beyond FMLA or CFRA limits?

The short answer is no, but employers frequently get this wrong. Many large corporations have policies that require termination of employees after their twelve weeks of leave is over, but the employee still needs more time to heal before returning to work. Illegal application by employers of set leave limit policies can result in a wrongful termination.

CA Supreme Court restricts employer's ability to recover fees from employees in discrimination and wrongful termination cases under FEHA

The California Supreme Court ruled today that an employee who loses a case under the California Fair Employment and Housing Act (FEHA) is not liable for the employer's attorney's fees or costs unless the case was frivolous, unreasonable or groundless.

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