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Category Archives: Retaliation and Wrongful Termination

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DON’T FORGET…….California’s Transgender Identity and Expression Regulations Go Into Effect July 1, 2017

Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017.  As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes, including gender, gender identity, and gender expression.  Below is a brief… Continue Reading

Texas Bus Monitor Termination For Incontinence Is Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, Retaliation and Wrongful Termination

In Green v. Dallas County School District, a Texas jury found that a Dallas County School District (the “School District”) violated Texas disability discrimination laws when it fired a bus monitor who lost control of his bladder on a school bus.  The bus monitor, Paul Green, suffered a known disability – congestive heart failure –… Continue Reading

Neutral Solutions: Mediation

Posted in Employment Contracts and Agreements, Labor Law, Reductions in Force, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin specializes in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts. The employee is adamant that the employer treated him or her unjustly and violated the law, and the employer reasonably believes that… Continue Reading

Employers May Be Liable For Violence Away From Work

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against… Continue Reading

Neutral Solutions: Workplace Investigations

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin specializes in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators.  Our attorneys have conducted hundreds of investigations for private companies, for-profit companies, non-profit companies, cities, counties, and state agencies,… Continue Reading

Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability

Posted in Labor Law, Retaliation and Wrongful Termination, Wage & Hour

As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’”  The U.S. Circuit Court of Appeals for… Continue Reading

Neutral Solutions: We Help You Connect the Pieces

Posted in Labor Law, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. Conducting independent investigations into complaints of misconduct in the workplace. Mediating employment disputes both pre and post… Continue Reading

“From Hiring to Firing” – The Life Span of the Employment Relationship

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination

Date:  February 23, 2017 Time:  9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners, human resource professionals, and managers avoid liability when they hire, discipline, and terminate employees. Program… Continue Reading

Emotional Distress Damages Allowed Under FLSA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Retaliation and Wrongful Termination

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act.  In a December 19, 2016 opinion, the Fifth Circuit held that the district court should have allowed the jury to receive an instruction on emotional distress damages when it was… Continue Reading

Top Reasons to Mediate Employment Disputes

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation.  Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome), mediation is a voluntary process. Thus, the parties… Continue Reading

Now Available! Weintraub Tobin’s 2017 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available.   Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

Texas Federal Court Permanently Blocks Persuader Rule

Posted in Employee Privacy Rights, Employment Contracts and Agreements, New Legislation and Regulations, Retaliation and Wrongful Termination

As previously reported here, earlier this year a federal district court in Texas issued a preliminary injunction preventing the Department of Labor (“DOL”) from enforcing the new Persuader Rule, which was to go into effect as of July 1, 2016. Last week, the court issued a ruling converting its preliminary injunction into a permanent one,… Continue Reading

New Marijuana Laws And The Workplace

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Last week, voters in seven states passed new laws relating to marijuana use, both recreational and medical, which has left many employers wondering what this means to them. Can employers still enforce “zero tolerance” drug use policies? Do they have to allow employees to use marijuana in the workplace or during work hours, if they… Continue Reading

Beware – Reporting Wage & Hour Violations Just Got Easier

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations. According to the Labor Commissioner’s Press Release, the new online reporting system is simple to use and enables the Labor Commissioner to… Continue Reading

The Life Span of the Employment Relationship: Hiring, Disciplining and Firing

Posted in Employment Contracts and Agreements, Labor Law, Retaliation and Wrongful Termination

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations. This seminar will cover: • Lawful and effective job… Continue Reading

Oh Sh–! The Government is Knocking at Your Door

Posted in Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Summary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and… Continue Reading

Happy New Year (to California Employees)

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

The year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly.  California employers should make time this week, though, to ensure they are ready for the new laws which will take effect in California this Friday… Continue Reading

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available.   Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

California Governor Signs A Bevy Of Employment Laws, Vetoes A Few Others

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

By:  Vida L. Thomas The 2014/2015 California legislative session may go down as one of the most productive in the state’s  history, in terms of legislation passed and signed into law.  According to the Associated Press, Governor Brown signed 808 bills, and vetoed 133 others.   Lest employers worry that they were left out of the… Continue Reading

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind…….. Employer Handbook Season!  Yes, the end of the year always brings a flurry of revisions to employer handbooks.  This year is no different.  Business owners, general counsel,… Continue Reading

Upcoming Seminar: Well Trained Supervisors – Your First Line of Defense

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently.  However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.  Untrained supervisors can… Continue Reading

Upcoming Seminars: Employment Law Update

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

2014  – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date:    January 8, 2015 Time:   9:00 a.m…. Continue Reading

Weintraub Tobin’s 2015 Labor & Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

NOW AVAILABLE – Weintraub Tobin’s 2015 Labor and Employment Seminar and Training Schedule.   Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

Upcoming Seminar: Employment Law Update

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

2014  – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.  Sacramento Date:    January 8, 2015 Time:   9:00 a.m…. Continue Reading