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Category Archives: Retaliation and Wrongful Termination

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The Continuing Spread of Employee Lawsuits Related to COVID-19

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

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown.  A recent audit by the U.S. Department of Labor Office of Inspector General (“OIG”) confirms that some of those types of claims already are… Continue Reading

Weintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated

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 2020 Labor and Employment Seminar and Training schedule has been recently updated and is now available.  Click here for a pdf version of the schedule. If you have any questions on any of our seminars or would like to inquire about private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com

The U.S. Supreme Court Has Decided: LGBTQ Employees are Entitled to Protections under Title VII

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

In the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social change, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, Georgia (Case… Continue Reading

Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic.  It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job.  However, other types of employee lawsuits… Continue Reading

Religious Employer Prevails Over Allegations That it Waived Religious Entity Exemption From FEHA

Posted in Discrimination, Labor Law, Retaliation and Wrongful Termination

In 2018, this author blogged about how religious entities can navigate the potential traps when they seek to comply with the federal laws against anti-harassment, discrimination and retaliation laws by adopting handbook policies and training their employees, while protecting their status as exempt from the California analog to Title VII, the Fair Employment and Housing… Continue Reading

New California Law Will Outlaw “No-Rehire” Provisions in Settlement Agreements

Posted in Discrimination, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court.  In 2015, the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, held that a “no-rehire” provision in a settlement agreement between the plaintiff doctor and his… Continue Reading

New Laws that Will Significantly Impact the Litigation of Employment Disputes

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

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills. Below is a summary of just a few of those bills that will have a significant impact on employment litigation in… Continue Reading

Now Available! Weintraub Tobin’s 2020 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 2020 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  (916) 558-6046.

Brendan Begley Presenting at Employment Litigation 2019: Facing Workplace Realities in Divisive Times

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

Brendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization. Brendan will be speaking at The Rutter Group and the… Continue Reading

Save the Date – Weintraub Tobin’s Employment Law Update 2019

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

Tuesday, January 8, 2019 – Sacramento, CA Wednesday, January 23, 2019 – San Francisco, CA Additional information and details for each session will be available December 3, 2018. To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.

Now Available! Weintraub Tobin’s 2019 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 2019 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 (916) 558-6046 rcarrillo@weintraub.com  

Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

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

Well September 30, 2018 has come and gone.  As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term.  Out of the 21 employment-related bills I summarized in my September 19th article,… Continue Reading

To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills

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

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law… Continue Reading

California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment

Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Under California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation.  Defamation can take the form of libel or slander.  (Ca. Civ. Code Sec. 44.) Specifically “libel” is defined as a false and unprivileged publication by… Continue Reading

NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?

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

Back in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). As a reminder, the NLRB issued a new two-prong test for determining if facially neutral employment policies could interfere with the exercise of… Continue Reading

New California Regulations on National Origin Going Into Effect

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As any reader of our blog knows, California employers are prohibited from discriminating on the basis of national origin (among other classifications). The Fair Employment and Housing Commission (“FEHC”) recently issued new regulations, which go into effect on July 1, 2018, expanding the definition of “national origin” to include an individual’s or ancestors’ actual or… Continue Reading

Medical Cannabis Users May Soon be Protected Under FEHA – AB 2069

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

Assembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for medical purposes. AB 2069 would amend the Fair Employment and Housing Act (“FEHA”) to make it an unlawful practice for an employer… Continue Reading

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Beware.  Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.  She is a horrible brick layer.  You get in constant arguments with her concerning the quality of her brick laying.  You say… Continue Reading

Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws

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

Updated 10/19/2020 California’s Fair Employment and Housing Act (“FEHA” or the “Act”) exempts certain religious entity “employers” from the application of the anti-discrimination laws found within the Act. In 2018, after an unpublished case went to trial, I blogged to alert religious entities about steps they could take to preserve exemptions under the FEHA’s anti-discrimination… Continue Reading

Trap for the Unwary: Elimination of the Position as Opposed to Termination for Cause

Posted in Labor Law, Reductions in Force, Retaliation and Wrongful Termination

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause.  Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step. … Continue Reading

Attorney Beth West Testifies Before the California Legislature

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

Weintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms. West’s testimony identified challenges employers face in having effective anti-harassment programs in place, as well as some legal… Continue Reading

Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule

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

Weintraub Tobin’s 2018 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 (916) 558-6046 rcarrillo@weintraub.com

SAVE THE DATE – Mandatory AB 1825 Sexual Harassment Prevention Training

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

Weintraub Tobin will be holding their final session of AB 1825 training for the year on December 14, 2017.  If you are an employer with 50 or more employees, and have supervisors who have not been trained, or are in need of a refresher course, then don’t miss out. This training will comply with all… Continue Reading

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