A typical disability discrimination claim by a salesperson involves a situation where the employee was fired for not meeting goals due to, in whole or in part, his known medical condition / qualifying disability. The employer then terminates an employee and later argues that the termination was lawful, because meeting…
San Francisco Employment Law Firm Blog
Employers’ Obligations to Accommodate Religion Under Title VII
The Groff v Dejoy Postmaster General is a recent, significant Supreme Court case, which sets the employers’ obligation to accommodate employee religious practices. This case is extremely helpful to all those workers who need a religious accommodation at workplace, especially if it involves not working on certain days or holidays.…
How Your Overconfidence Can Hurt Your Case
It’s important to recognize the reality that just about any case can be looked at from different angles, and the opposing party in your case probably feels just as strongly about them being right as you are. Too many people, who are involved in litigation, are convinced that they are…
Is It Always Better To Have A Tough Lawyer?
About 10 years ago a client was unhappy when he saw me shaking the opposing attorney’s hand in court right before the hearing. The client went as far as to suspect me of colluding with the other side due to being “too friendly”. I suppose he saw too many lawyer…
Avoid This Mistake When Requesting A Religiuos Accommodation At Workplace
Under California law, when you apply for a religious accommodation at workplace – your employer is entitled to request further information to better understand the reasons behind your request. The law is not clear what information the employer can inquire about, but they are entitled to a basic follow-up, reasonably…
An Employmet or Business Contract Can Be Based On Conduct
Both employees and employers in California need to know that even if they don’t sign a formal employment contract, their conduct alone, without many or any actual documents to that effect, can form an employment or business relationship. This is because to form a contract, a manifestation of mutual assent…
On Asking Your Remote Workers To Return To The Office
Just like making all of your workers remote is often not a great idea for a business, asking every remote employee to come back to the office just because that’s your new policy can also be a bad decision. It is in your best interest as an employer to consider…
Retaliation for Complaining About Working Conditions Is Illegal
Under California Labor Code section 232.5(c): “No employer may … discharge, formally discipline, or otherwise discriminate against an employee who discloses information about the employer’s working conditions.” It is not uncommon for employers to become unhappy about their employees complainign about safety issues at worksite or lack of regulatory approval…
Two Issues California Salespeople On Commissions Should Avoid
Avoid This “Shifty Eyes” Habit During Your Video Deposition
You may have heard before that when it comes to testifying, whether you are the plaintiff or the defendant in a case, your credibility is of critical importance. This is because so many cases inevitably involve “he said / she said” situation, where the fact finder (a judge or a…