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Category Archives: Retaliation and Wrongful Termination

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WEBINAR – Know What To Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies

Posted in Discrimination, Labor Law, 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 webinar will include tips on whether, and how to, conduct a self-audit; understanding the do’s and don’ts… Continue Reading

Space Still Available for Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools

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, Trade Secrets and Competition, Wage & Hour

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading

Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools!

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, Uncategorized, Wage & Hour

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading

So You Think Your Employees Aren’t Protected Whistleblowers Under The Sarbanes-Oxley Act Because You’re Not A Publicly-Traded Company? Think Again!

Posted in Labor Law, Retaliation and Wrongful Termination

Section 1514A of the Sarbanes-Oxley Act states that: “No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of [whistleblowing or other protected activity].”… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars 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

Hot off the print press –  Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available.   Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco).   Seating is limited so register early to reserve your spot.  Please contact… Continue Reading

Space Still Available for Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims

Posted in Labor Law, Retaliation and Wrongful Termination

Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger. The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human… Continue Reading

Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims

Posted in Labor Law, Retaliation and Wrongful Termination

Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger.  The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human resource professionals,… Continue Reading

Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims

Posted in Labor Law, Retaliation and Wrongful Termination

By:  Chuck Post In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was the… Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

When Can a Supervisor be Held Individually Liable for Discriminating Against an Employee Based on His or Her Military Status? It Depends on Whether Federal or California Law Applies

Posted in Discrimination, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Most employers are aware of the federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) which is designed to protect those who serve in the armed forces from discrimination and retaliation. However, many California employers are unaware that section 394 of the California Military and… Continue Reading

Weintraub’s L&E Law Blog is in the Top 25

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

By: Chuck Post Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results… Continue Reading

Vote for Weintraub’s L&E Law Blog!

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

Big news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. We need your help! Click here, log onto the Labor and Employment Law Community and then leave a comment at the bottom of the page saying “I vote for The Labor &… Continue Reading

The California Court of Appeals Limits the Remedies for Undocumented Workers

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

By: Meagan D. Christiansen The Third Appellate District for the California Court of Appeals recently issued a decision that provides hope for those employers who unknowingly hire undocumented workers throughout California. In Salas v. Sierra Chemical Co., the court used the after-acquired evidence and unclean hands doctrines to bar Salas’ Complaint, ruling that undocumented workers… Continue Reading

LAW ALERT: As The Facebook Page Turns: The Continuing Drama Surrounding Employee Facebook Postings and the NLRA

Posted in Employee Privacy Rights, Retaliation and Wrongful Termination

With the TV networks cancelling daytime Soap Operas left and right, it seems up to the NLRB to provide us with our daily dose of drama. As has been previously reported here and in countless other articles, the National Labor Relations Board (“NLRB”) has been closely scrutinizing employers’ decisions to terminate employees for posts on Facebook. Until… Continue Reading

LAW ALERT: Jumping Off the Cliff – Supreme Court Expands Retaliation To Protect Employee for His Fiancee’s Protected Activity

Posted in Retaliation and Wrongful Termination

Yesterday’s decision in Thompson v. North American Stainless (S.Ct. 1/24/11) illustrates that retaliation may now be the most employee/plaintiff friendly area in employment law.  There, a unanimous Court held that an employee, who was fired for his fiancée’s protected activity, was also protected by Title VII.

LAW ALERT: The NLRB’s Facebook Case: Employers Should Review Their Policies Dealing With Social Media

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

The National Labor Relations Board recently created significant uncertainty about the permissible scope of an employer’s social media policy. The Board issued a complaint against an employer who fired an employee for posting negative comments about her supervisor on her Facebook page.

The Risk in Firing an Employee for Posting Negative Remarks on the Internet about a Boss

Posted in Retaliation and Wrongful Termination

Modern-age advances in communications technology have brought both benefits and burdens to employers in recent times.  For example, email and the internet have greatly accelerated the pace by which employers may send and gather or receive vital information needed to stay competitive.  At the same time, those tools have, in some cases, distracted employees in… Continue Reading

Weintraub Lawyers Win Appeal Before the Ninth Circuit re: Title VII Sex Discrimination and Retaliation/Subject Matter Jurisdiction re Attorneys’ Fees

Posted in Retaliation and Wrongful Termination

On May 5, 2010, the Ninth Circuit Court of Appeal issued an Opinion, to be published, in the case titled Porter v. Winter (9th Cir. 07-171250).  Attorney Charles L. Post prepared and submitted the briefs and attorney Lizbeth V. West appeared and argued before the Ninth Circuit on behalf of Appellant, Ronald Porter.

AGE MUST BE THE “BUT FOR” CAUSE FOR ALLEGED EMPLOYMENT DISCRIMINATION

Posted in Discrimination, Labor Law, Retaliation and Wrongful Termination

In the recent case of Gross v. FBL Financial Services, Inc., the United States Supreme Court held that a plaintiff must prove that his/her age was the “but for” cause of the adverse employment action they claim was discriminatory (e.g. demotion). Plaintiff was 54 years old when his employer reassigned him from his position as a… Continue Reading

Congress and President Obama Trump the Supreme Court: Ledbetter Fair Pay Act Signed Into Law

Posted in Discrimination, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

In his first significant act as President in the labor and employment arena, President Obama effectively overturned the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. by signing the Lilly Ledbetter Fair Pay Act (“Ledbetter Act”) into law this Thursday. The main thrust of the Ledbetter Act is that it… Continue Reading

The U.S. Supreme Court Holds that Participating in a Discrimination Investigation may Constitute “Opposition” to Illegal Conduct for Title VII Retaliation Purposes: Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee

Posted in Discrimination, Harassment, Retaliation and Wrongful Termination

In 2002, Metropolitan Government of Nashville and Davidson County, Tennessee (Metro), began looking into rumors of sexual harassment by one of its employees, Gene Hughes. A member of Metro’s human resources department asked plaintiff Vicky Crawford (a 30-year Metro employee) whether she had witnessed any of Hughes’ “inappropriate behavior.” Crawford, who was not the subject… Continue Reading

California Supreme Court: No Individual Liability for Retaliation under FEHA: Jones v. The Lodge at Torrey Pines Partnership

Posted in Retaliation and Wrongful Termination

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership ruled that individuals may not be held personally liable for retaliation claims under the FEHA. If you read the FEHA, section 12940(h) makes it unlawful for any “employer, labor organization, employment agency, or person” to retaliate against an employee. Read literally, this… Continue Reading