Category: Employment Rights Blog

When can a wrongful termination lawsuit be brought against an employer in the state of California?

Posted by Vikram Shah on March 10, 2022

The following are the most common reasons for wrongful termination lawsuits in California: Exceptions to “at-will” employment Whistleblower protection Wrongful discharge under the Fair Employment and Housing Act Wrongful constructive termination Political activities WARN Act wrongful termination Taking leave Wage and hour complaints Exceptions to “at-will” employment We are frequently asked the following question: Can you be fired without cause… Continue Reading..

Fired While on Medical Leave

Posted by Rene Potter on July 11, 2018 with 0 Comment

Employees often feel uncertain about their jobs when considering taking medical leave because they fear that it will put their job at risk. However, California law allows employees to take time off for certain family and medical reasons. Under the California Family Rights Act (CFRA), you cannot be terminated for taking qualified leave. CFRA allows eligible employees to take up… Continue Reading..

Employers’ Undue Hardship Defense to Providing a Reasonable Accommodation in the Workplace

Posted by Sonia Hayes on May 18, 2018 with 0 Comment

It is well known that employers are prohibited from discriminating against individuals with disabilities. The federal ADA and California Fair Housing and Employment Act (FEHA) forbid employment discrimination against an individual based on his/her physical disability, mental disability, or medical condition. The FEHA recognizes a person as “disabled” if they have a physical or mental disability that limits[1] one or… Continue Reading..

When Does An Employer Have to Engage in the Interactive Process?

Posted by Rene Potter on April 13, 2018 with 0 Comment

Under both the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), employers are legally obligated to provide a reasonable accommodation to qualified individuals with disabilities. Before there can be any determination as to what a “reasonable accommodation” entails, there is something referred to as the “interactive process,” which must be engaged in for employers… Continue Reading..

Disability Discrimination in the Workplace

Posted by Rene Potter on January 24, 2018 with 1 Comment

ARE YOU BEING TREATED DIFFERENTLY OR UNFAVORABLY IN THE WORKPLACE BECAUSE OF YOUR DISABILITY OR NEED FOR AN ACCOMMODATION? The Americans with Disabilities Act (ADA) is a powerful federal law that protects the rights of persons with disabilities. When it comes to your employment, California offers even more protections under the Fair Housing and Employment Act (FEHA). California is… Continue Reading..

Do you know how much your co-workers are making?

Posted by Vikram Shah on December 21, 2016 with 2 Comments

As employees, we’re taught that discussing pay is rude or unseemly. Some employers may even threaten your job for doing so, despite these threats being illegal in California. However, if you don’t know how much your coworkers are making, there is a very good chance you are a victim of pay discrimination. How do the numbers look? In the U.S.,… Continue Reading..

Employee Classification, Breaks and Overtime

Posted by Vikram Shah on June 23, 2016 with 2 Comments

Understanding Employee Classification

Posted by Vikram Shah on June 23, 2016 with 0 Comment

There is vast confusion among workers in determining whether they are entitled to overtime pay and meal and rest periods. The IRS and Department of Labor identify lengthy factored tests for workers and employers to evaluate their entitlement and; respectively, legal obligations, however, these factors are weighted depending on the type of employer and the facts of the worker’s circumstances.… Continue Reading..

Calif. Gov. Signs Equal Pay Law Touted As Toughest In US

Posted by Vikram Shah on October 9, 2015 with 0 Comment

By Kurt Orzeck. Published on Law360, Los Angeles (October 6, 2015, 8:05 PM ET) — California Democratic Gov. Jerry Brown on Tuesday signed into law a bill that aims to close the wage gap in the Golden State and that supporters say has the toughest equal pay protections in the country. Brown’s office said in a statement on Tuesday that… Continue Reading..

Ex-Michaels Worker Seeks Class Cert. In Medical Leave Suit

Posted by Vikram Shah on September 17, 2015 with 0 Comment

By Kurt Orzeck Law360, Los Angeles (September 16, 2015, 5:21 PM ET) — A breast cancer survivor who claims Michaels Stores Inc. fired her after she applied for medical leave urged a California federal judge on Tuesday to certify a class of 230 disabled workers who she says are similarly situated. In a memorandum supporting her motion for class certification,… Continue Reading..