Archive for the 'Wrongful Termination' Category
California Wrongful Termination Law
Published by James Peters August 1st, 2006 in California Employee Rights, Wrongful TerminationThe term “Wrongful Termination” encompasses many things with regard to California Employment law. At its broadest, this means any termination that is illegal under state or federal law. In its narrowest use, it means terminations that violate California’s “public policy” and which courts have ruled are an illegal basis for termination.
In California, this doctrine has [...]
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Game Show Employee Rights?
Published by James Peters February 6th, 2008 in Privacy Issues, Wrongful TerminationApparently there is a new game show out called “Moment of Truth” that gives contestants a lie detector test before the show and then the host asks them the same questions on the air. If the contestant’s answer on the air is different from the results of the polygraph, they lose (up to [...]
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CA Supreme Court Considers Employees’ Medical Marijuana Use
Published by James Peters November 7th, 2007 in Discrimination, Policy : Opinion, Privacy Issues, Wrongful TerminationYesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc.
In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms.
Case Background
Under [...]
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Military Leaves from Work Heavily Protected
Published by James Peters February 15th, 2007 in Discrimination, Wrongful TerminationOne of the strongest job protections for employees in the United States is for those who take a leave of absence to serve in the armed forces. I have seen a dramatic increase in these claims in just the past year and I recently filed a federal lawsuit for a client in San Francisco [...]
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Q&A: Terminated While on Medical Leave
Published by James Peters January 16th, 2007 in Discrimination, Medical Leaves, Q&A, Wrongful TerminationQ: I took a one-month FMLA medical leave for surgery, but my employer laid me off two weeks into the leave. I have always heard that an employer cannot terminate an employee who is on a medical leave. Is this true?
–Unemployed (CA)
A: It is a common misconception among employees that employers [...]
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Q&A: Employee Terminated After Moving to Take Job May Have A Claim
Published by James Peters January 15th, 2007 in Discrimination, Fraud, Q&A, Wrongful TerminationQ: I moved to California from Wisconsin six months ago to take a job with a company here. I quit a good job back home, my wife sacrificed a job she loved, and our kids had to leave all of their friends behind, and we moved our family to California. I was [...]
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Q&A: Employee Witnesses Protected from Retaliation
Published by James Peters January 14th, 2007 in Discrimination, Q&A, Retaliation, Wrongful TerminationQ: One of my co-workers has asked me to testify for in her discrimination case against our employer. I want to help, but I am afraid that my employer will retaliate against me if I help her.
–Want to Help But Scared (CA)
A: Both state and federal discrimination laws prohibit retaliation by employers [...]
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Q&A: Retaliation by Jerk Boss is Illegal
Published by James Peters January 5th, 2007 in Discrimination, Q&A, Retaliation, Wrongful TerminationQ: My boss is a real jerk. She harasses me for no good reason, calls me names and belittles me in front of other employees. Today I finally told her not to treat me like that anymore, because it interferes with my work and it is unprofessional. She fired me on the spot for complaining. [...]
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Q&A: Termination for Getting Pregnant is Illegal
Published by James Peters January 3rd, 2007 in Discrimination, Q&A, Wrongful TerminationQ: Last week I found out I was pregnant and my husband and I were overjoyed. The next day, I went into work and told my boss. He said that he does not allow pregnant women to work there because they disrupt scheduling when they take time off to have the baby. [...]
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Q&A: Annual Bonus Not Necessarily Lost When Terminated
Published by James Peters December 31st, 2006 in Employment Contracts, Q&A, Wages : Other, Wrongful TerminationQ: My employer terminated me today (December 31, 2006). I was supposed to receive a $10,000 performance bonus for 2006, but one of the terms of my bonus agreement says that I have to be employed on January 1, 2007 to get my bonus. The company is not doing very well and [...]
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