Below are three simple but practical tips on how to make the process of initiating a wrongful termination case less stressful, after you have been fired:  1. Put Your Situation In Perspective. Realize that the worst thing in this process has already happened to you - you have been terminated. The employer can't really take away anything more from you than they already have - your job and your income.  2. Keep in mind that your case is a civil case (as opposed to criminal). Neither you nor your former managers will go to jail and your case will generally revolve around whether or no ..read more

Under California law, an employer has an obligation to conduct a prompt, thorough and fair investigation of any complaint of unlawful harassment or discrimination at workplace, and take proper remedial action to stop harassment and/or prevent it from occurring in the future. This doesn’t mean that the employer automatically has to fire the accused, but if violation is found, they have to take some disciplinary action that they reasonably believe would be effective to discourage or prevent such future violations.    Conducting proper investigation is important not only to ..read more

One of the actions that employers sometimes take, that potentially can be a serious violation of California and Federal disabilities laws, is cancelling a disabled worker's existing accommodation that has been in place for some time and allowed that employee to perform his job well. This tends to happen more often when a new manager comes on board, who is eager to make significant changes in the office, some of which could be good while others - not so good.   Whether an employer's revokation of an existing accommodation is lawful depends on a number of factors, including the speci ..read more

Despite the fact that there has been no legal requirement for any employers in California to impose Covid-19 vaccine mandates on their workers, many employers choose to continue demanding that their employees are fully vaccinated.  It is most surprising that even fully remote employees are expected to be vaccinated by many private and public employers, and these same workers are routinely denied requests for a religious exemption from this requirement. It is hard to imagine how an employer could justify insisting on compliance with their vaccination rules with respect to those workers, w ..read more

Both employees and employers should know that often a QME report of an injured worker who has been out on a workers comp medical leave, doesn't tell the whole story about that employee's ability to return to work. Therefore, other sources of information about the employee's medical condition and ability to work must be taken into account.  For instance, if a QME report is not clear about an employee's ability to perform his job duties, seek clarification from the QME doctor or from another doctor, such as that employee's primary care physician. A typical misunderstanding arises whe ..read more

California employers that have a policy of requiring their employees to wear a mask at workplace due to Covid-19 should be aware that some of their employee may be entitled to a reasonable accommodation with respect to that policy under ADA and California FEHA (Fair Employment and Housing Act). These accommodations may typically include: (1) wearing a special mask to address any breathing or allergy issues associated with wearing a typical masks; or (2) allowing an employee to work remotely instead of working masked in the office. As an employee who has a difficulty wearing a mask at workpla ..read more

If you are planning to request religious exemption from the Covid vaccination requirement at your workplace, keep in mind the following two practical tips:  1. Make Sure Your Activity Online And In Real Life Is Not Inconsistent With Your Exemption Request Under Title VII, your employer only has to consider accommodating a "sincerely held" religious belief. While generally, pretty much any belief is presumed to b sincere, if your behavior or actions suggest that your claimed belief is not sincere, then your employer can lawfully deny your exemption request. For instance, let's say that y ..read more

In what is sure to be a closely watched case, the EEOC recently filed its first ADA pandemic-related lawsuit relating to COVID-19 and an employee’s request to work from home. The EEOC claims that ISS Facility Services, Inc., a workplace experience and facility management company, unlawfully denied an employee’s reasonable request for an accommodation for her disability and then fired her because of her disability and in retaliation for requesting an accommodation.  According to the lawsuit, the employee, who has chronic obstructive lung disease and other physical impairments, worked as ..read more

An empoyee who prevails in a wrongful terminaton case, based on discrimination, retaliation or harassment claim, is entitled to recover unvested stock options among other damages. Scully v. US WATS, Inc. (3d Cir. 2001) 238 F.3d 497. Just like lost future salary, the value of stock can be considered compensation that the employee would have received in the future, had he not been illegally fired. Having a schedule of vesting is of course helpful in calculating that part of employee's damages. The California Supreme Court also recognized that stock awards are considered wages under Califor ..read more

..read more