Decisions concerning medical staff membership and privileges are made through a process of hospital peer review. Every licensed hospital is required to have an organized medical staff responsible for the adequacy and quality of the medical care rendered to patients in the hospital. Arnett v. Dal Cielo 14 Cal.4th 4,…
San Francisco Employment Law Firm Blog
Police Departments Assert Immunity When Terminating Officers and Falsely Accusing Them of Misconduct
The most typical defense that city police departments assert when a terminated police officer files a lawsuit for wrongful termination, defamation, and related claims is governmental immunity. The good news for the aggrieved police officers and other public employees that might be in a similar situation is the fact that…
Why Even Large Employers, such as Kaiser, Tend to Contest Employment Benefits
Recently, I had a chance to talk to one of the HR managers at Kaiser. I couldn’t help but ask him why is it that Kaiser tends to fight their terminated employees’ claims for unemployment benefits. Having had at least a dozen of clients who were terminated from Kaiser in…
Additional Protections Against Retaliation to California Nurses and Medical Staff
Besides other federal and California workplace anti-retaliation laws available to different groups of employees, nurses and other medical professionals working at hospital, clinics, and other healthcare facilities have additional law in California that protects them from retaliation. Under section 1278.5 of California Health and Safety Code, the employers may not…
Deposition Advice: Insist that Your Attorney Prepares You for Your Deposition Testimony
Most labor and employment attorneys know that their client’s deposition testimony is likely the most important part and stage of the case. Few aggrieved employees win a case just because they do well at a deposition, but many lose their case or substantially decrease the value of their case because…
Misconduct and Tardiness Caused by Depression are Not Grounds for Denial of Unemployment Benefits
I was glad to find out yesterday that yet one more of my clients won the appeal of the denial of unemployment benefits in Sacramento County. In that case, I represented a nurse who was an outstanding and dedicated employee for Kaiser for over 13 years before she was diagnosed…
Employment Law Violations in Non Profit Organizations
For years, I believed that since the whole purpose of establishing and running non-profit companies in California is providing some kind of service for the public good and not for profit. As a result, I assume that working in non-profit organizations must be a fulfilling experience on more levels and…
Employers Must Pay Their Employees Immediately Upon “Discharge”
Most employers are well aware that if they terminate an employee for any reason of if it’s a lay-off, they must pay that employee’s wages (which includes vacation and sick time if applicable) in full immediately upon discharge. But, what if an employee works for a certain company on per…
Evidence of Discrimination against Others at Your Company May Be Helpful to Your Case
Recently, the Second District Court has ruled in Johnson v. United Cerebral Palsy, 173 Cal.App.4th 740 (2009) on an important issue of admissibility of evidence of discrimination against a number of employees in a discrimination and wrongful termination case brought by a former employee. In that case, a pregnant employee…
How to Deal with Workplace Harassment
Workplace harassment is a source of tremendous stress for many employees in California. Some of them confront their harassers in one way or the other, while others take a passive approach, feeling helpless or not believing that anyone can help them, including their human resources management. Unless the harassment is…