A mean supervisor who uses or abuses his power and authority in obvious or more subtle ways that none of the workers like, but many have to put up with, at least until the solution to the problem is found, such as transferring to a different department, have a manager…
I almost feel like the word “harassment” is the wrong term of the legal claim entitled “harassment at workplace” in the legal world because its legal meaning is so different from the meaning of the word in the ordinary, day-to-day life. Under the law, an actionable claim for harassment /…
Generally, a claimant is not qualified to receive unemployment benefits if she voluntarily resigns from her employment, unless there is “good cause” for quitting. Good cause must be a significant and compelling circumstance that makes is increasingly difficult or impracticable for an employee to continue working. In a recent case…
Some Employers seem to conveniently believe that replacing an older worker with a younger woman who has less seniority and therefore can be paid less is not against the law and is not considered age discrimination, since they believe they have a valid reason for that kind of replacement –…
On March 22, 2011, the United States Supreme Court published an important opinion on retaliation law, holding that oral as well as written complaints about wage and labor law violations are protected activities as far as retaliatory discipline or firing go. In Kasten v. Saint-Gobain Performance Plastics Corp. the plaintiff…
Despite the fact that FEHA (Fair Employment and Housing Act) has been enacted several decades ago, most people who are familiar with the basic ADA disability protections against discrimination at workplace, are not familiar or have not even heard about the FEHA. Fair Employment and Housing Act – a California…
Reversing the lower court’s decision, the US Supreme Court, in Thompson v. North American Stainless LP, a third party retaliation claim proceed. In that case, both the Plaintiff and his fiance worked for the Defendant. Shortly after Plaintiff’s fiancee filed sex discrimination charge with EEOC against the employer, Plaintiff was…
Asthma and sensitivity to tobacco smoke and other pollutants are conditions that have been recognized by courts as a protected disability at workplace, entitling the workers suffering from those conditions to a reasonable accommodation. In County of Fresno v. Fair Employment & Housing Commission (1991), the employer (the county) argued…
One of the hallmarks and great advantages of California disability laws, which encompasses employers’ obligation to engage in interactive process to find reasonable accommodations to qualifying employees with a disability or a medical condition, is its flexibility. Generally, the employer must consider various solutions to accommodating an employee and be…
One of the common mistakes claimants make is coming to the mediation with a set, firm “floor” settlement figure in their mind. This approach has seriously downside. First and foremost, mediation is a process that requires at least some compromise from both parties. Statistically, most cases that go to mediation…