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 in court, and “field work,” which consisted of visiting the homes of individuals who had been released from prison to assist them in their reentry into society. The job required “considerable fieldwork . . . throughout the 22nd Judicial District," "visits in less than desirable environments," and "potentially dangerous situations in field/office contacts."


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?

By: James Kachmar

On May 16, 2012, a California Appellate Court issued its ruling in Fitzsimons v. California Emergency Physicians Medical Group and held that a partner could state a claim for unlawful retaliation against her partnership under the California Fair Employment and Housing Act (“FEHA”). 


Continue Reading Partnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHA

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 Veterans Code also prohibits employers from discriminating against members of the armed forces (“Section 394”). Therefore, an employee who believes he/she has been discriminated against based on his/her military status has the right to pursue a claim under one or both laws.


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

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

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