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...
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...
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...
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...
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...
The California Court of Appeal held recently that actions under the California Whistleblower Protection Act (WPA) (Govt. Code § 8547 et seq.) are not subject to compliance with the Government Claims Act (Govt. Code § 900-915.4, 945.4). Cornejo v. Lightbourne (2013)...
On January 1, 2014, one of the primary whistleblower statutes will be amended to provide broader protection for whistleblowers in California. Labor Code § 1102.5 will now provide express protection for employees that make internal complaints to their employers about...
In a sexual harassment related case, a federal court in Alabama has permitted a male's sex-bias claim to proceed against a women's accessories company, Charming Charlie, after the company's manager made sexist and sexually harassing comments about men during the...
A California Court of Appeal reversed the dismissal of a sexual harassment lawsuit brought by a former legal secretary against a Century City law firm and one of its attorneys. Jeri Elster had alleged that attorney Joel Fishman repeatedly sent her copies of sexually...
In a sexual harassment, discrimination and retaliation complaint filed with California's Department of Fair Employment and Housing, Francine Godoy accuses Los Angeles City Councilman Jose Huizar of sexual harassment. Ms. Godoy, former deputy chief of staff, stated in...