July 8th, 2010 
James PetersIf you have not heard about this, a Best Buy employee recently got into trouble for creating and posting a video poking fun at the iPhone and Apple in general.
Although the video was more of a parody based on observations about iPhones and those who buy them, Best Buy understandably did not take kindly to an employee publicly criticizing one of its major customers (and also… Continue reading
April 4th, 2010 James PetersThe New York Times recently published an article about the increased use of companies that specialize in contesting unemployment claims for employers.
We often attend unemployment appeal hearings on behalf of clients because they are also pursuing wrongful termination claims against their former employers. This is both as a precautionary measure and a chance to obtain vital information at the outset of a case.
These hearings… Continue reading
November 17th, 2008 James PetersThis is our second post in a series on employees’ rights when they get laid-off from work. In our last post, I pointed out that even though an employee may have been “laid-off” with several other employees, that does not necessarily mean they were not wrongfully terminated in being chosen for layoff. This post deals with the situation where a large group may be “singled out”… Continue reading
November 14th, 2008 James PetersIt seems like every day another company announces mass layoffs in the United States. While we are fielding more calls from potential clients than usual, they have not increased quite as much as overall unemployment.
I think part of this might be attributable to a common employment law misconception among employees, which is that they somehow have less rights if they are “laid off” than… Continue reading
May 3rd, 2008 James PetersThis is my second post in our multi-part series on “family status” discrimination, which is becoming more and more common under both federal and state law.
There are many ways family status discrimination can happen in the workplace, some of which are very subtle and difficult to prove. Other types are not subtle at all, such as the topic of today’s post, which is what I call “Moral Stereotyping”… Continue reading
February 6th, 2008 James PetersApparently 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 $500,000).
Questions include topics such as whether the contestant has cheated on their spouse, wishes to… Continue reading
November 7th, 2007 James PetersYesterday 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.
Under California’s Compassionate Use Act, patients cannot be prosecuted under state law for using or possessing… Continue reading
February 15th, 2007 James PetersOne 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 for some egregious violations.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) requires… Continue reading
January 16th, 2007 James PetersI 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?
A: It is a common misconception among employees that employers cannot terminate them if they are on a medical leave. While in practice most… Continue reading
January 15th, 2007 James PetersI 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 stunned last week when I was suddenly laid off by my new company… Continue reading
Posted in Discrimination, Fraud, Q&A, Wrongful Termination 
Tags: California Employment Law, Discrimination, Fraud, Q&A, Wrongful Termination 
5 Comments » January 14th, 2007 James PetersOne 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.
A: Both state and federal discrimination laws prohibit retaliation by employers against employees for participating in an investigation or prosecution of an employment discrimination or harassment… Continue reading
January 5th, 2007 James PetersMy 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. Please tell me this is not legal in California!… Continue reading
January 3rd, 2007 James PetersLast week I found out I was pregnant. 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. He terminated me and said I could re-apply for my position after I have… Continue reading
December 31st, 2006 James PetersMy 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 I think I was actually terminated so that they did not have to pay me… Continue reading
August 1st, 2006 James PetersOur employment law firm spends most of our time representing clients throughout California who have been wrongfully terminated.
The term “Wrongful Termination” encompasses many things with regard to California Employment law. At its narrowest, this means any termination that is illegal under state or federal law. At its broadest… Continue reading
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