When it came time to discuss the renewal of a 2010-2011 employment contract for the head of a private preparatory school, he was told that it wasn’t going to happen. In this case, the head felt that the decision was not based on legitimate factors but on...
Year: 2014
Wage and hour case re pay to workers during security screenings
The United States Supreme Court will hear a wage and hour to decide whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act. The case is called Integrity Staffing Solutions, Inc. v....
California court: 3-hr commute factor in determining damages
When an employer terminates an employee in retaliation for blowing the whistle on illegal activity or based on the employee’s race, religion, gender or other protected class, it could become the basis of a wrongful termination lawsuit. In court, the plaintiff must...
Whistleblower Awarded $6 Million Verdict in Federal Court
A whistleblower was awarded six million dollars by a Federal Court jury in Los Angeles today as plaintiff Catherine Zulfer won a hard-fought case against Playboy Enterprises. Zulfer, the former controller for the company and a thirty-year employee, alleged that the...
Walmart, world’s largest employer, seeks to destroy more neighborhood stores
Walmart is the largest employer in the world and its employment practices have a great impact on many millions of people. Having destroyed the mom and pop stores, Walmart is now going after neighborhood pharmacies like CVS and dollar stores like Dollar Tree according...
‘Document everything’ is good advice for job harassment victims
A young gay man recently wrote a letter to a columnist anonymously named, as many are, Amy. The young man described working in a hostile work environment created by a sexually harassing boss. Although the sexual harassment had been directed at women in the past, this...
Can I sue Walmart for wrongful termination?
Walmart is possibly the largest violator of employment laws in the United States. Walmart, by corporate plan and design, intentionally violates the Americans with Disabilities Act (ADA) and other laws enacted to protect disabled workers. In a Memorandum to the Board...
Can an employee who quits sue for wrongful termination?
Employees who quit their jobs can sue for wrongful termination under the doctrine of constructive termination or discharge. A constructive discharge occurs when working conditions become so intolerable that no reasonable person would be expected to continue. When...
Can terminated employees receive unemployment insurance benefits?
I am commonly asked whether unemployment insurance benefits are available to employees that have been fired from their job. In short, the termination must be for "wilfull misconduct" in order for unemployment insurance benefits to be denied. In other words, even if...