Weed may be legal in California – but it can still get you fired

2017-12-13T21:46:27+00:00 January 10th, 2017|Wrongful termination|

Nearly eight million Californians who cast ballots in the November election voted “yes” to a bill legalizing marijuana in the state. Proposition 64 made it legal for individuals to use and grow marijuana for personal use on Nov. 9; The sale and subsequent taxation of recreational marijuana goes into effect Jan. 1. But according to [...]

Can A California Employee File A Wrongful Termination Lawsuit After Legal Marijuana Use?

2017-12-13T21:46:28+00:00 December 9th, 2016|Wrongful termination|

Medical marijuana has been legal in California for almost two decades. While it may be almost commonplace at the state level, it is still illegal according to the federal government. As a result, medical marijuana use is a murky area of employment law that is still undergoing change. Recently, a federal judge in California allowed [...]

Can A California Employee File A Wrongful Termination Lawsuit After Legal Marijuana Use?

2017-12-13T21:46:28+00:00 November 1st, 2016|Wrongful termination|

Medical marijuana has been legal in California for almost two decades. While it may be almost commonplace at the state level, it is still illegal according to the federal government. As a result, medical marijuana use is a murky area of employment law that is still undergoing change. Recently, a federal judge in California allowed [...]

When Is The Deadline To File A Claim For Wrongful Termination?

2017-12-13T21:46:28+00:00 August 29th, 2016|Discimination, General Labor Law, Wrongful termination|

The phrase “wrongful termination” applies when an employee has been fired or forced to quit or resign for illegal reasons. If you believe that you were wrongfully terminated, you are required to file a claim within a certain amount of time. If you miss the deadline, your claim will be barred and you will not [...]

Gretchen Carlson Files Sexual Discrimination Lawsuit Against Head of Fox News

2017-12-13T21:46:29+00:00 August 24th, 2016|Discimination, Sexual Harassment, Wrongful termination|

Fox news journalist Gretchen Carlson has filed a sexual harassment and retaliation lawsuit against Roger Ailes, the chairman and CEO of the company after alleging that she was fired for refusing to participate in a sexual relationship with him. Carlson joined Fox News in 2005, where she worked as a television journalist for 11 years. [...]

Ninth Circuit Says Employees Sharing Passwords May Be Criminal

2017-12-13T21:46:29+00:00 August 19th, 2016|General Labor Law, Wrongful termination|

The U.S. Court of Appeals for the Ninth Circuit recently held that using a co-worker’s password to access an employer’s computer databases can be considered a criminal action. The case, United States v. Nosal, has been winding through the court systems for almost a decade, and provides insight into what types of employee actions violate [...]

U.S. Supreme Court Addresses Statute of Limitations for Employee Discrimination Claims

2017-12-13T21:46:29+00:00 August 17th, 2016|Discimination, Wrongful termination|

The U.S. Supreme Court recently address the issue of when the statute of limitations begins to run for civil servants who want to file a discrimination claim against their employer. The Court held 7-1 that the statute of limitations begins on the date of the action which was alleged to be discriminatory. The case involved [...]

What is Wrongful Termination for At-Will Employees?

2017-12-13T21:46:29+00:00 July 29th, 2016|General Labor Law, Wrongful termination|

In California there are two types of workers: at-will employees and contract employees. Most workers are at-will employees, meaning that they do not have a contract to work for a specified period of time. In order to fire a contract employee, an employer must have good cause under the terms of the contract. For instance, [...]

Accommodations for Nursing Mothers: What Must Your Employer Do Under California Law?

2017-12-13T21:46:29+00:00 July 20th, 2016|Discimination, General Labor Law, Wrongful termination|

New mothers know that breast milk provides the best nutrition for their infants. After returning to work from maternity leave, most mothers will need to pump breast milk during working hours in order to avoid pain and keep their milk from drying out. Employers are required to make accommodations for nursing women in the workplace. [...]

Is It Still Retaliation If You’re Fired For Something You Didn’t Do?

2017-12-13T21:46:30+00:00 June 8th, 2016|Discimination, Wrongful termination|

All employees have certain rights, and exercising these rights shouldn’t be grounds for getting fired. For example, employees cannot be punished for making discrimination complaints or speaking up about sexual harassment. In addition to these rights, public-sector employees can also participate in free speech or political activities outside of work without fear that their opinions [...]

Caregiver Discrimination Lawsuits Up by 269% in Past Decade

2017-12-13T21:46:30+00:00 June 6th, 2016|Discimination, Wrongful termination|

When a person needs to care for a sick child, disabled family member, or a new baby, both state and federal law allow that person to take time off work without worrying about whether they will lose their jobs. Through the Family Medical Leave Act (FMLA) and other laws, many employees are guaranteed a certain [...]

California Appeals Court Expands FEHA to Include People Caring for a Disabled Person

2017-12-13T21:46:30+00:00 May 9th, 2016|Discimination, Wrongful termination|

California’s 2nd District Court of Appeals recently expanded the state’s Fair Employment and Housing Act (FEHA) to include people who associated with someone with a disability. While the 2nd District Court of Appeals only covers employers in Los Angeles, San Luis Obispo, Santa Barbara, and Ventura Counties, the decision could have an impact on how [...]

If You’re Disabled and Terminated, Consult an Employment Lawyer

2017-12-13T21:46:34+00:00 March 15th, 2016|Discimination, Wrongful termination|

Employers nationwide got a surge from a California jury decision that refused to award a former disabled FedEx driver any damages after he was fired, even though he had suffered a work-related injury. Robert Gardner injured his neck and shoulder while working as a driver for FedEx. The company’s policy allowed him 90 days of [...]

You’re Fired: Your Rights to Notices When Dismissed in California

2017-12-13T21:46:35+00:00 January 28th, 2016|Wrongful termination|

California law requires that employees who are terminated receive various notices, all of which are designed to inform them of their legal rights. These requirements stem from the California Labor Code, the California Unemployment Insurance Code, and other California laws and regulations. Any time an employee is discharged, laid off, or placed on a leave [...]

Things to Consider if You Think You Were Wrongfully Discharged

2017-12-13T21:46:40+00:00 July 3rd, 2015|Wrongful termination|

If you believe you were illegally fired, or “wrongfully discharged,” there could be a number of legal remedies you can pursue. More often than not, though, a lawsuit is not the first step. Below are a few considerations about wrongful termination claims. Document Everything There are a number of reasons an employer can give for [...]

The Link Between Wrongful Termination and Defamation

2017-12-13T21:46:40+00:00 June 18th, 2015|Wrongful termination|

Increasingly, plaintiffs bringing wrongful termination suits against former employers are also tacking on claims of defamation. This strategy has proved beneficial for plaintiff employees. In fact, one disgruntled employee, Robert Sallustio, lost his claims of wrongful termination and retaliation, but won a defamation judgment against his former employer. He was awarded nearly $5.7 million last [...]

Employers not Required to Offer Telecommuting to Employees with Interpersonal Skills in Job Description

2017-12-13T21:46:41+00:00 May 8th, 2015|Discimination, General Labor Law, Wrongful termination|

On April 10, 2015, the Unites States Court of Appeals for the Sixth Circuit ruled in favor of the Ford Motor Company, which will not have to offer a telecommuting option to a worker with irritable bowel syndrome (IBS) because her job required on-site attendance and interpersonal skills. The Equal Employment Opportunity Commission sued Ford [...]

Former Hooters Employee Wins Case for Discrimination and Wrongful Termination

2017-12-13T21:46:41+00:00 April 27th, 2015|Discimination, Wrongful termination|

Farryn Johnson, a former Hooters employee, sued the restaurant chain claiming the company would not allow her to work as a Hooters Girl on account of a blonde highlights in her hair. Johnson, and African-American woman, was allegedly told by a Hooters manager that “black people don’t have blonde hair.” Johnson’s case went to arbitration, [...]

Employees Sue for Being Fired for Private Text Messages

2017-12-13T21:46:41+00:00 April 24th, 2015|Discimination, General Labor Law, Wrongful termination|

Victor Nascimento and Audry Yule, former Anheuser-Busch employees, are suing the company, claiming they were wrongfully terminated and their privacy rights were violated. Nascimento and Yule worked at the Anheuser-Busch’s Jersey City facility. The two had been exchanging disparaging text messages about a fellow employee, Alex Davis. The messages were sent using personal cell phones [...]

McDonalds Employees Suit with Test Franchisees Legal Responsibilities

2017-12-13T21:46:42+00:00 February 23rd, 2015|Discimination, Sexual Harassment, Wrongful termination|

Ten former McDonald’s employees are suing a Virginia franchisee, the franchise owner, McDonald’s Corp., and McDonald’s USA. The suit alleges that supervisors at three Virginia franchise locations were racist, sexually harassed employees, and wrongfully terminated employees. The result of the lawsuit will not only establish whether these allegations are true, but it will determine the [...]

United States Supreme Court Rules on TSA Disclosure Case

2017-12-13T21:46:42+00:00 February 20th, 2015|Wrongful termination|

In 2003, federal air marshal Robert MacLean disclosed plans the Transportation Security Agency (TSA) had to cut security on certain flights. He told MSNBC that TSA was eliminating air marshals on overnight flights to Las Vegas. The network then televised a report saying that security was being eliminated on some flights despite a hijacking warning [...]

New California Employment Law Bans Immigration-Status Related Retaliation

2017-12-13T21:46:42+00:00 February 4th, 2015|Discimination, General Labor Law, Wrongful termination|

A heap of new laws will becoming effective this year in California, and many will directly affect employers and employees. In particular, one new law, AB 2751, bans retaliation against an employee for immigration-status reasons. Prior to AB 2751, California law prohibited “an employer or any other person from engaging in, or directing another person [...]

Whistleblower Attorney Sues City for Wrongful Termination

2017-12-13T21:46:45+00:00 July 31st, 2014|General Labor Law, Wrongful termination|

Joanne Hoeper, formerly top attorney with the San Francisco city attorney’s office, has filed a wrongful termination claim against the city over her demotion and firing. Hoeper alleges in her suit that the city of San Francisco paid plumbing contractors to do unnecessary repairs to private sewer lines. She claims that officials in the city [...]

Employee Social Media Rights

2017-12-13T21:46:45+00:00 July 15th, 2014|General Labor Law, Wrongful termination|

An employee of Hills and Dales General Hospital in Michigan received a written warning about violating the hospital’s values and standards of behavior policy due to something she posted on Facebook. The policy prohibited employees from “engaging in or listening to” gossip and negative comments at work. The employee filed a charge against the hospital [...]

Is it legal for My Employer to Fire Me Without a Written Warning?

2017-12-13T21:46:46+00:00 June 14th, 2014|General Labor Law, Wrongful termination|

In law, one question often leads to others. When an employee asks if it was legal to be fired without warning, the answer is “it depends.” If the employee was part of a union, then the union agreement will cover what steps an employer must take to fire an employee. If the employee had a [...]

My Unemployment Claim Was Approved. Doesn’t that Mean My Termination Was Illegal?

2017-12-13T21:46:46+00:00 May 7th, 2014|Wrongful termination|

Unemployment insurance (UI) is designed to be a short term aid for workers who lost their jobs through no fault of their own. If you were laid off due to a lack of work at your boat-making plant because people are buying fewer boats, you should qualify for unemployment insurance. It is a common misconception, [...]