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,...
Wrongful Termination
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...
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. This is an...
What is a wrongful termination claim based on in California?
Wrongful termination claims are made whenever a person thinks he or she has been unfairly and unlawfully fired or terminated from a job. If the firing could have been unlawful, then you have a right to bring your case to trial. Through the legal process, it may be...
Corporate America’s subcontracted labor force in Mexico
We all buy cheap goods made in China, Mexico and various third world countries, but most of us never stop to think of the real cost of these goods. Unfotunately, companies like Walmart, who regularly violate local laws to protect employees in this country, profit...
New laws protecting against workplace discrimination and harassment
As 2015 approaches there are a number of new laws and amendments in California that will become effective in the New Year. One law in particular that deserves special attention because of its impact in the realm of employment law is AB 1443. This new law will extend...
Employers cannot retaliate for employee reports of unsafe work conditions or illegal workplace conduct
When an employee engages in a protected activity, be it refusing to break the law or reporting unsafe work conditions, he or she should be protected from any adverse action from an employer. This is the basic principle underlying the various anti-retaliation laws in...
Woman awarded $185 million in California for gender case
A jury in California has awarded a mother over $185 million in damages after it found that she had been discriminated against before her wrongful termination. According to the Nov. 19 news, the woman filed a gender discrimination and pregnancy case against her former...
Whistleblower retaliation: Wrongful termination under Labor Code § 6310
California public policy supports the safety and well-being of employees in their place of work. To this end, the California legislature passed California Labor Code section 6310. This statute was enacted to protect employees from wrongful termination in retaliation...
Wrongful termination of whistleblowers – Labor Code § 1102.5
When an employee feels he has been wrongfully terminated by his employer as a whistleblower, one of his most important protections comes from California Labor Code Section 1102.5. California's "whistleblower" statute was designed to encourage workers to report...