Many disability discrimination and wrongful termination cases involve a workers compensation claim. One mistake that a wrongful termination claimant should avoid is exaggerating his/her disability when dealing with his workers comp doctors. Stating to the doctor that you are completely unable to work with or without accommodations as a result…
A major health care provider Dialysis Clinic Inc. was sued for disability discrimination this week by EEOC. The lawsuit has been filed in the Eastern District Court in Sacramento. The plaintiff Francisca Lee had worked at the company’s facility on East Southgate Drive in South Sacramento for 14 years when…
This week, the California Supreme Court reversed a prior troubling decision where one appellate court held that an employee’s refusal to sign an acknowledgment form that he received a warning or PIP notice is misconduct within the meaning of unemployment insurance code, disqualifying that employee from unemployment benefits. In other…
Under FEHA (California Fair Employment and Housing Act) anti-discrimination laws, only employers who employ five or more employees can be liable for unlawful discrimination. This means that the FEHA protection against workplace discrimination generally does not extend to employees who work for smaller employers. However, in limited circumstances there is…
Auto parts retailer AutoZone Inc., was accused last Friday of violating federal law for allegedly implementing a nationwide attendance policy that failed to accommodate certain disability-related absences. This the fourth workplace disability discrimination lawsuit the Equal Employment Opportunity Commission has filed against the company in recent years. In the latest…
A dispute often arises between an employee and his manager over a particular aspect of the issued performance review. As an employee, it’s important that you keep in mind the your employer has a wide discretion in expressing his opinions about your performance. The fact that you feel that your…
In California, whether a computer/software professional is properly exempt from overtime compensation or whether he should be entitled to overtime is governed in large part by California Labor Code 515.5: According to California Labor Code section 515.5, employees in the computer software field are not entitled to an overtime rate…
A witness statement can be critical in proving any discrimination case. This is especially in true with regard to age discrimination cases which are known for being some of the more difficult cases to prove, because evidence of animus toward an employee because of his age and not for some…
When you file a wrongful termination lawsuit, it is a common practice for the defense attorneys, who represent your former employer, to look you up on the various social media websites, including Facebook, Twitter, and Linked In, among others. The are several reasons why they do this. First, they want…
Workers at businesses as small as 20 employees may soon snag certain perks after Tuesday night’s final vote on an amendment to San Francisco’s family-friendly workplace law. The city-county’s Family Friendly Workplace Ordinance – sponsored by eight of 11 supervisors last July – passed on the second reading and was…