Recent Posts in Wrongful Termination Category

  • One of the common mistakes that employers make is terminating an employee right after their FMLA leave is exhausted without inquiring whether that employee might need an extension to their medical leave due to their medical condition. Under the ADA and FEHA (California Fair Employment and Housing Act), a qualified disabled employee may be entitled not only to medical leave but he may also be ...
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  • Effective 1/1/2014, a new, significant amendment to the California Labor Code 1102.5 whistleblower anti-retaliation provision will take effect. Until now, section 1102.5 prohibited any employer from making, adopting or enforcing any rule or policy precluding an employee from disclosing certain violations to a state or federal agency. According to the new amendment, the employers will now be also ...
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  • Every now and then I talk to an employee who was subjected to one or more of kinds of discrimination or retaliation at workplace and chose to quit his job and/or submit resignation. Often the environment that lead the employee to resign was not sufficiently severe and pervasive to constitute a constructive discharge leaving that aggrieved employees with no remedies. Since he/she wasn’t ...
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  • The Ninth Circuit case McAlindin v. County of San Diego is a case of great help to those employees who have been diagnosed with and suffering from anxiety disorder and panic disorder. In that case, the employer first argued that the employee’s condition wasn’t a protected disability within ADA because it didn’t substantially limited an employee’s daily life activities, as ...
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  • Deposition Tips for Plaintiffs in a Wrongful Termination Case

    || 5-Nov-2011

    One of the very common issues that plaintiffs have in a wrongful termination case, which might hurt their case and on which the defending employer may capitalize, is anger at the employer and the resulting victim mentality on the part of the aggrieved employee, where he/she seems to act like what happened to him/her is catastrophic, and no one else out there has experienced anything as traumatic ...
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  • Being Fired for Refusing to Commit a Crime is an Illegal Retaliation

    || 22-Jan-2011

    In California, an employment relationship may be generally terminated by either the employer or the employee for any reason or no reason (except not for discriminatory or retaliatory reasons). This means that, unless they agree otherwise by contract, no reason has to be given for terminating the employment relationship by either party. (Cal. Labor Code section 2922). However, sometimes employers ...
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  • Constitutional Protection of Public Employee’s Job in California

    || 18-Sep-2010

    It is often considerably harder to pursue a wrongful termination action against the employer which is a public entity / government agency than a private company due to a number of privileges and immunities that may reduce or even complete insulate a government employer from liability. However, at the same time, public employees also enjoy certain protections and have a number of important rights ...
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  • Deposition Advice for Your Wrongful Termination Case

    || 13-May-2010

    One of the favorite tactics of defense attorneys during taking plaintiff’s deposition in a wrongful termination case (and less so in a personal injury case) is to attempt to impeach or “corner” the aggrieved employee on issues that are of marginal importance and don’t really make a difference to the legal merits of the case itself. It typically starts with reminding and ...
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  • Suppose you are a non-exempt employee (i.e. employee who is entitled to overtime) who was ordered by his employer to attend a training class in another city or another states, which requires you to take long drives or overnight flights to the training destination outside your work hours. Should you be compensated for that time? Many employers include in their policy (employment handbooks, ...
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  • California Employment Law: Just Cause Termination Explained

    || 19-Oct-2009

    Although the vast majority of the private sector workers in California are at-will employees and can be terminated for any reason, no reason, or arbitrary reason, as long as it’s not an illegal reason, a number of employees have a contract with their employer which limits the employer’s rights to terminate and require showing of “just cause” or “good cause” for ...
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  • California Labor Code section 6399.7 states that no person shall discharge or in any manner discriminate against any employee because of protected conduct, nor shall any pay, seniority, or other benefits be lost for exercise of any such right. This protection extends to filing any complaint or testifying in any matter related to occupational safety. This provision is a powerful protection in those ...
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  • California Medical Leave Law: FMLA / CFRA Certification Requirements

    || 26-Aug-2009

    Under FMLA (Family Medical Leave Act) and its California counterpart – CFRA (California Family Rights Act), the employer may require the employee to submit a certification by the employee’s health care provider, which “shall be sufficient if it includes all of the following: (a) the date on which the serious health condition commenced; (b) the likely duration of condition; and ...
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