There are several compelling reason for an unusually high number of discrimination, retaliation and wrongful termination complaints an claims filed against John George Hospital and other facilities of ACMC (Alameda County Medical Center). However, the most significant reason seems to be the grossly inadequate and undereducated human resources management staff…
It is well established that a retaliation claim may be brought by an employee who has complained of or opposed conduct that the employee reasonably believes to be discriminatory, even when a court later determines the conduct was not actually prohibited by FEHA. Strong policy considerations support this rule. Employees…
There are a few basic things every California state employee should know about the AWOL policies that agencies have the right to invoke how these agencies can use and abuse this policy to wrongfully terminate state workers: * AWOL stands of “Absent Without Leave”. It was enacted to prevent abuses…
There is a number of benefits to pursuing both, the arbitration of your union grievance and a wrongful termination lawsuit (if there are grounds to bring such a claim). One of the main such benefits is the fact that losing one does not really affect the other, so in a…
It appears that employers become progressively more creative at trying to cover up unlawful retaliation and wrongful termination as a layoff. Because the employer’s motive for terminating an employee is inherently hard to prove, this is a temptingly easy way for companies to retaliate and also discriminate, including replacing older…
Few wrongful termination, harassment, and discrimination cases are “clear cut.” No matter how strong the evidence of unlawful conduct by the employer is in the hands of the aggrieved employee, the employer always has its own side to the story, which usually says “We did nothing wrong, and the plaintiff…
Terminating an employee can be a difficult and even devastating experience to the terminated worker, but it’s also not an easy decision for the manager / employer charged with the duty of retaining and discharging employees. It’s not uncommon for an employee termination to seem unfounded or irrational. For example,…
In the absence of an agreement otherwise a worker in California is generally presumed to be an “at-will” employee. This means that an employee can be terminated for any reason, no reason or arbitrary reason as long as it’s not an illegal reason (such as discrimination, harassment, retaliation, etc.) Once…
Under California Law, “sick leave” means “accrued increments of compensated leave” provided by an employer for an employee’s use because of: * the employee’s physical or mental condition that makes the employee unable to perform his duties; * the employee’s need to obtain a professional diagnosis or treatment for a…
FEHA (Fair Employment and Housing Act) prohibits disability discrimination and pregnancy based discrimination in California. To prove a wrongful termination claim based on pregnancy discrimination and failure to provide reasonable accommodations to a pregnant employee at workplace, first she has to prove that her condition constitutes disability within the meaning…