In most any case, it is important to ensure that your complaint names all the defendants potentially liable to you and includes all potentially viable claims for a judgment in your favor. Making sure that you’ve done your pre-trial “homework” to identify all of the entities potentially liable to you…
Articles Posted in Employment Law
Effective Jan. 1, 2020, You Now Have 3 Years in California to Pursue Your Discrimination or Harassment Claims Under FEHA
There are many ways that you can lose an Oakland employment discrimination case. You can lose because you don’t enough evidence to support your case. You can also lose because, even though you have a mountain of extremely persuasive proof, you did not comply with the state’s procedural rules in…
Winning a Disability Discrimination Case in California, Even if Your Case is Devoid of Proof of Employer Malice or Bad Faith
Every employer has policies regarding employees with disabilities. For example, many employees whose disabilities leave them unable to do the essential duties of their job, even with an accommodation, may face termination. This may be legally allowable because discrimination law does not require employers to retain employees who cannot perform…
I Was Discriminated Against While Working as a Temp. Can I Sue the California Entity Where I Was Actually Working?
Chances are reasonably high that, if you are an employee in California, you know that you can take legal action if you’ve been the victim of discrimination, harassment or retaliation. However, what do you do if you’ve been harmed in one or more of those ways but you’re just a…
California Court of Appeal Revives a New Father’s Gender Discrimination and Parental Leave Case
The #metoo movement exposed many of the humiliating, hurtful, disrespectful and damaging things women often face in the workplace when it comes to discrimination and sexual harassment. While it occurs less often, bias and discrimination that harms male workers is a real thing, too. California lawmakers have sought to maintain…
A California Job Applicant Allegedly Rejected Based on to Race Doesn’t Include a FEHA Claim in His Lawsuit, and Loses
In any kind of situation where you’ve suffered a legal wrong, you only have limited time to act. Wait too long and you may have your options for achieving success and much-needed compensation narrowed substantially – or you may lose all your options entirely. If you’ve been the victim of…
A California Paint Store Employee Fired Due to Her Disability Recovers a $974K Judgment
In California, there are several ways that an employer can fire an employee that is against the law. One of those ways is if the employer terminates the employee based on the employee’s disability without first engaging in a good faith effort to make a reasonable accommodation for that worker’s…
I Was Fired from My Job in California for Cooperating with an Investigation into my Supervisors. What Can I Do Now?
When you are called upon by an investigator who has appeared at your workplace to investigate one or more of your co-workers, it can be a stressful time, even though you’re not the person under investigation. Being sought to answer questions or give testimony can be scary, especially if the…
The Importance of Participating in the Interactive Process for Your California Disability Accommodation in Good Faith (and Proving that Your Employer Didn’t)
Sometimes, the key evidence in your employment discrimination case focuses a spotlight on what the employer wrongfully did or did not do. Other times, though, your disability discrimination case may turn on the acts you did or did not undertake prior to litigation. That’s because, while your employer is obligated…
What is (and is Not) a ‘Constructive Discharge’ from Your Job and Why It May Be So Important in Your California Discrimination Case
In any employment discrimination lawsuit in California, there are certain things that you absolutely must have in order to have a successful case. For example, one thing you must show is that you were harmed in some way at your job. This is something that the law calls an “adverse…