One of the common disability law issues that may arise at workplace is when an employee suffers an industrial injury, obtains FMLA leave for that injury and also goes on workers compensation leave, as instructed by his workers comp doctor. That employee may have also accrued paid time off. Two…
There are several compelling reason for an unusually high number of discrimination, retaliation and wrongful termination complaints an claims filed against John George Hospital and other facilities of ACMC (Alameda County Medical Center). However, the most significant reason seems to be the grossly inadequate and undereducated human resources management staff…
Some employers assume that just because their employee is on temporary but total disability, i.e. he is completely incapable of performing his job duties for a limited period of time, this means that the employee is not qualified to accommodations under ADA or FEHA (Fair Employment and Housing Act) and…
An employer who without intent to deceive makes a definite but erroneous representation to this employee that he is eligible for FMLA leave and has reason to believe that the employee will rely upon it, may be estopped to later claim that an employee wasn’t eligible for FMLA and therefore…
It is well established that a retaliation claim may be brought by an employee who has complained of or opposed conduct that the employee reasonably believes to be discriminatory, even when a court later determines the conduct was not actually prohibited by FEHA. Strong policy considerations support this rule. Employees…
We receive more and more calls from potential clients in the banking industry, and especially from Well Fargo Bank, who believe that they are being mistreated, discriminated and disciplined because of their age. While some of those claims don’t have much merit, in some cases there is significant evidence that…
There are a few basic things every California state employee should know about the AWOL policies that agencies have the right to invoke how these agencies can use and abuse this policy to wrongfully terminate state workers: * AWOL stands of “Absent Without Leave”. It was enacted to prevent abuses…
The Department of Labor has recently issued an opinion holding that mortgage loan officers performing typical job duties, regardless of the title affixed to them (i.e. loan originator, loan consultant, etc…) and who spend the majority of their time working in the employer’s place of business of the employee’s own…
I am surprised by the amount of calls I get from older workers who work for banks who are clearly driven out of their workplace during age. Most of these calls come from Wells Fargo Bank branches. Many of them hold high level positions and have been working for the…
There is a number of benefits to pursuing both, the arbitration of your union grievance and a wrongful termination lawsuit (if there are grounds to bring such a claim). One of the main such benefits is the fact that losing one does not really affect the other, so in a…