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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  • If you believe that you have been wrongfully terminated by a state agency due to disability discrimination / failure to accommodate, or in retaliation for complaining about discrimination or harassment, it’s critical that you consult with a Sacramento employee lawyer about the merits of your potential wrongful termination case before you have you SPB or Skelly hearing. The same applies to ...
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  • As expansive the disability rights of California workers are, the right of qualifying disabled employees of California State agencies are even more broad, as illustrated by the precedential decision of the State Personnel Board No. 00-07. In that case, the Board considered whether the employee of the DMV was properly medically terminated pursuant to Cal. Government Code section 19253.5. In that ...
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  • California public employees, and especially the employees of state agencies enjoy access to the expedited mechanism of resolving work related disputed and discipline imposed on them, ranging from letters of reprimand and warnings to suspension or reduction in pay, unpaid administrative leave and termination. The hearings in fron of the State Personnel Board, including the Skelly and Coleman ...
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  • One of the interesting statutes that apply to many government employees and particularly to employees of State Agency is the AWOL (Absence Without Leave) statute that states that an employee who is absent from work for five consecutive work days without approved leave is considered to have resigned from his employment. While the reasons behind enacting this law are compelling – the state has ...
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  • Recently, I handle a number of cases where the employer presented an employee with a choice of either resigning and accepting severance or being issued a final warning or being terminated. The employee usually chooses to resign to avoid having the termination mark on their record. When he applies for unemployment benefits, the EDD determines that that employee did not have a good cause for ...
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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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  • Under the law, it is the employer’s responsibility to determine when FMLA leave is appropriate, to inquire as to specific facts to make that determination, and to inform the employee of his/her entitlements to medical leave, once the employee approaches the employer and reasonable informs the employer of having a qualifying medical condition. Bailey v. Southwest Gas. Co. (9th Cir. 2002). The ...
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  • It is not a secret that in many industries, the companies try to attract business by placing attractive and young employee to the “front line” – the sales and marketing/presentation positions. These employers know that, for instance, attractive young women are likely to attract the business of older and wealthier men, and they don’t hesitate to hire the younger and the ...
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  • Signs of Age Discrimination at Workplace

    || 2-Jan-2012

    This day and age, most employers are far too sophisticated and careful to make their desire to get rid of the older workers and replace them with younger ones obvious, because they are so afraid of being hit with an age discrimination / wrongful termination lawsuit by the older worker who is fired for some bogus reason. Our courts recognize how easy it would be for an employer to cover up the true ...
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  • I have had a chance to represent a number of State workers in whistleblower retaliation and related matters – from the lower level clerks to the higher ranked managers and even one governor appointee. I was surprised to hear from them not only about the waste of public funds that they witnessed but also about the fraud, corruption and misappropriate of funds that they witness. Typically, I ...
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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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  • California Wage and Hour Law: Off-the-Clock Work by Store Managers

    || 9-Nov-2010

    Some California employers place their employee in a physically and mentally challenging predicament by, on one hand, prohibiting to work overtime (more than 8 hours per day or 40 hours per week) and at the same time expecting them to complete the amount of work that’s virtually impossible to do withing an 8-hour work day. Store managers are often in that position since they have to perform ...
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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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  • Choosing a Mediator for Your Wrongful Termination Case Mediation

    || 19-Apr-2010

    Mediation becomes a progressively more popular way of resolving just about any civil dispute in California in general and in the Sacramento area specifically, especially when it comes to employment and wrongful termination cases, and for a good reason. Mediation is an informal, and usually relatively inexpensive way of finding a resolution through mutual compromise. It’s an opportunity for ...
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  • Under California Labor Code section 2929 it is unlawful for an employer to discharge an employee for the payment of one judgment of threatened garnishment. The law defines “garnishment” as any judicial procedure through which the employee’s wages are required to be withheld for the payment of any debt. The term “wages” includes “all amounts for labor performed ...
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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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  • Chargebacks against Employees’ Commissions in California

    || 27-Nov-2009

    An employee whose wages are based in part on commissions may face a situation where he is being terminated or laid off, shortly after a transaction (or a number of transactions) that result in earning his commissions take place and before he is paid or where the transaction falls through after he earns his commissions but before he is paid. At that point, the employer may refuse to pay the ...
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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 Overtime Laws: Exempt or Non-Exempt?

    || 8-Oct-2009

    It is not uncommon for employers to claim that a certain employee is exempt from overtime compensation benefits because of his title. The California Courts and the Department of Labor have consistently held, however, that the employee’s job title has little, if anything to do, with his exempt status. This makes perfect sense. Many people have a title of a “director” or a ...
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