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San Francisco Employment Law Firm Blog

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Proving Your Retaliation Case Through Employer’s Lies

One of the important elements of proving a retaliation claim in an wrongful termination case is showing that the employer’s given reasons for termination are either inconsistent or plainly not true, which makes it look like the employer is trying to cover up the true reason for retaliating against you…

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Nurse Wins a Retaliation Case After Reporting Unlicensed Social Worker

On April 28, 2015, the Los Angeles Superior Court jury returned a verdict for a plaintiff-nurse in the amount of $299,000 in a retaliation and wrongful termination case against her employers – a hospice and a home health agency. The plaintiff, Vanessa Manuel, worked part time as a registered nurse…

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Inability to Work With a Particular Supervisor is Not a Disability

Generally, an employee who suffers from anxiety / stress depression as a result of working for a particular supervisor is not entitled to having a different manager as a reasonable accommodation to that disability. This is because inability to work with a specific supervisor is not a disability and does…

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Non-Compete Agreements and Limitations on Future Employment in California

Section 16600 of the California Business and Professions Code provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind of to that extent void”. The law is not limited to employment contracts and does not mention competition. Rather, this…

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Oral Complaints About Labor Law Violations Are Protected

Some employees assume that unless they have proof of complaining about a particular labor law violation, the protections of anti-retaliation laws do not apply to them. However, as the US Supreme Court recently held in Kasten v Saint-Gobain Performance Plastics Corporation (2001), complains that are made orally are also protected.…

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Partners Are Protected from Retaliation for Reporting Harassment / Discrimination

In Fitzemons v California Emergency Physicans Med. Group 205 Cal.App. 4th 1423 (2012), the Appellate Court held that the anti-retaliation provisions of FEHA (Fair Employment and Housing Act) protect not only employees but also partners in a business partnership. In that case, the plaintiff was an emergency physician and a…

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