One of the potentially tricky issues an employer can face involves dealing with an employee who is an alcoholic, or otherwise uses drugs or alcohol. Under the Fair Employment and Housing Act, alcoholism is a recognized disability, so taking an adverse employment action based solely on the employee’s alcoholism is problematic.…
Oakland Personal Injury Attorney Blog
Insurer Not Liable in Bad Faith for Not Settling Claim Following Fatal Southern California Crash
An insurer emerged victorious in a bad faith lawsuit arising from a fatal auto accident in which the insurer’s insured, a teen driver, caused an accident that killed his passenger. The California Court of Appeal decided that it was not bad faith for the insurer not to pay for a settlement…
Timing Proves Critical to Failure of Employer’s Defense in California Woman’s Pregnancy Discrimination Case
A former employee at a financial firm was entitled to damages and attorneys’ fees for pregnancy discrimination, according to a Los Angeles County trial court. The California Court of Appeal recently upheld that decision in the woman’s Fair Employment and Housing Act case, since the employer failed to prove that it…
California Accident Victim Entitled to Recover Full Amount of Past Medical Expenses, Despite Medical Providers’ Sale of Lien at a Discount
Auto accident cases often involve serious injuries that require extensive (and expensive) medical care to treat. When the accident victim doesn’t have health insurance, this can become complicated. In an important new case on the issue of the issue of assessing economic damages (such as past medical expenses) in an…
California Gas Company’s Psychological Evaluation Demand Was Reasonable in Light of Employee’s Stalking Behavior
A gas company dispatcher, who sent her former supervisor hundreds of text messages, phone calls and emails, even after receiving explicit instructions to stop from the former supervisor and her current supervisor, was not able to support a claim of retaliation in violation of the Fair Employment and Housing Act…
Statute’s Religion Exemption Blocks California Teacher’s FEHA Claim
A teacher who was the victim of an ongoing pattern of harassment at the hands of students at the school where she taught received a mixed result in her legal action against the school and the Catholic archdiocese that ran it. The US District Court for the Northern District of…
Introducing Settlement Agreements in California Auto Accident Cases
If you are injured in an auto accident, the court case that may follow could involve many different parties, and how that case unfolds may depend on which parties agree to settle. In one recent case, an taxi cab passenger sued both her cab company and another driver after she…
Harassment Not Sufficiently Severe, Pervasive to Allow California Spa Worker to Win Case
A spa employee managed to persuade a jury both that she was on the receiving end of sexual harassment while performing her job and that her employer failed to take the necessary steps required to prevent harassment or discrimination from occurring. However, in spite of all this, the employee ultimately…
California Driver Forced to Pay Accident Victim’s Fees, Costs for Unreasonable Refusal to Admit Liability
If you’ve been injured in an accident, chances are the last thing you want to do is go to trial on issues that the other side has no reasonable ground for contesting. Contesting issues without a reasonable belief of victory can be costly to the side who does this, though.…
Governor Signs New California Law to Expand Definition of Protected Activities under FEHA
In July of this year, Governor Jerry Brown signed AB 987 into law. That legislation provided an important benefit to employees seeking religious or disability-related accommodations in the workplace. Under the new law, the act of requesting a disability or religious accommodation is now a protected activity under the Fair…