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…
The Board of Chiropractic Examiners may impose discipline against a licensee-chiropractor in California only when that chiropractor’s misconduct is substantially related to the qualification, functions or duties of such a license. It has been held that sexual misconduct with a patient and a conviction involving use of dangerous drug alcohol,…
The California Board of Registered Nursing is charged with investigating licensed nurses and taking disciplinary actions when appropriate. These kinds of actions are brought under the Administrative Procedure Act. The Board’s executive officer files the disciplinary action against, but the board itself is the ultimate decision maker in any such…
My experience suggest that one of the reason for disability discrimination and failure to comply with disability laws in public / government agencies is the ignorance of disability laws and not understanding the obligations of the employer toward disabled workers among the managers and human resources personnel in these agencies.…
It appears that employers become progressively more creative at trying to cover up unlawful retaliation and wrongful termination as a layoff. Because the employer’s motive for terminating an employee is inherently hard to prove, this is a temptingly easy way for companies to retaliate and also discriminate, including replacing older…