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May 2018 Archives

Supreme Court sides with employers for arbitration

Employers and the current administration are touting a victory after the Supreme Court issued a ruling recently that would in effect allow employers to block employees from standing together to form a class for a legal fight over employment arbitration agreements. The opinion of the Court was a 5-4 majority and was announced by Justice Neil Gorsuch in his first major decision since being appointed to the Court last spring. 

Rules employers must follow for breastfeeding mothers

Most job tasks in California can be done by both women and men. Therefore, it is illegal to discriminate by treating one gender better than the other. However, there are certain things that are unique to women alone. Women are the only gender who can become pregnant, which has long been an issue for employers and sometimes discriminate against them because of these perceived problems. Another thing that is unique to women, which stems from the pregnancy, is that they are the only gender who can produce breastmilk for babies.

Filing a retaliation claim with California Labor Commissioner

It is natural for people in California to want to retaliate against or get even with individuals who wrong them. However, sometimes there are legal ways to do it and sometimes illegal ways to do it as well. This is true for employers as well. Sometimes their employees do something that they do not like and want to get even with them as well. Sometimes their retaliation may be legal and sometimes it is illegal.

Chipotle to pay ex-manager $8 million for wrongful termination

Employers in California have certain rules that they expect their employees to follow and when they do not they usually can fire that employee. Most of the time these are legitimate reasons, but in some instances, the employer is simply trying to find reasons to fire an employee to mask the real reason they are firing them. If the employer is simply giving false poor performance reviews or accusing the employee of doing something they did not do, it can be evidence that the employer is masking the real reason for firing them.

According to statistics pregnancy discrimination still prevalent

There are many women in the workforce in California and the challenges they face have been in the spotlight recently. Many women have spoken out about the sexual harassment they have endured, the pay gap between men and women and other forms of discrimination. One that has not been spoken about quite as much though is pregnancy discrimination. Being pregnant is a very natural part of life and there are laws which prohibit employers from discriminating women who are pregnant.

Defenses employers may use to defend against retaliation claims

Things often times go smoother for employers in California when their employees simply do what they are asked to do and do not ask questions. This is because some employers do not always follow all the rules they are suppose to follow. If employees complain about these practices or start asking questions, it could cost the company money. So, employers may have some incentive to retaliate against employees who make complaints either internally or to the proper authorities to ensure it does not happen in the future.

Importance of a notice of the right to sue from the EEOC

Many people in California have jobs and rely on those jobs to provide for themselves and their families. They may not all love their jobs and in some cases may hate their jobs, but continue to work them in order to receive the income they need. So, when people are fired from their jobs it can be very devastating for them and their families. In many instances there is not much they can do about it though except to look for another job and hopefully find one quickly.

Major biomedical research institute accused of sex discrimination

It can take a long time for some societal norms to change in California. One of these is sexual harassment and gender discrimination in the workplace. There have been laws prohibiting both practices for a long time now, but the practices are still relatively common. Both practices have also been in the spotlight recently as well and many prominent individuals, companies and politicians have come under fire for it. More and more companies continue to be accused as well.

California files a lawsuit against a Napa Valley resort

A recent wrongful termination lawsuit filed against the Carneros Resort and Spa in Napa Valley by former Director of Facilities, Dan Philbin, claims that the luxury resort fired him from his position as an act of retaliation for his ongoing efforts to ensure that the resort was in compliance with the standards required by the Americans with Disabilities Act, as well as trying to make sure that the resort was accurately reporting its water usage. Public relations representatives for the resort disputes Philbin’s allegations of wrongful termination, claiming that the former employee resigned voluntarily following an unsatisfying attempt to renegotiate the terms of his employment. 

What evidence can one use to prove retaliation in the workplace?

Employers in California run their businesses in different ways. Some offer more benefits than others, some provide additional perks, have different policies for working at home or hours of work, workplace attire, pay and other aspects of the workplace. They also set the procedures and requirements for promotions and discipline. Employers do have significant freedom to do what they believe is best for the company, but there are certain laws that all employers must follow no matter the type of business.

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