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October 2018 Archives

Potential compensation for a whistleblower Qui Tam action

There are many employers in California who are hardworking and follow the rules they are supposed to follow. However, as the goal of most companies is to make a profit, some will do whatever they feel is necessary to make some extra money. This includes illegal activities such as lying on forms to receive extra compensation from the government. Others may falsify gross income reports to boost the value of stock in the company. The government obviously has a strong interest in ensuring this does not happen.

Can 'last chance agreements' be considered discriminatory?

Two years ago, KEYT news anchor Paula Lopez sued her former employer, NPG of California, alleging several labor code violations against the Santa Barbara television station management. One allegation was that the "last chance agreement" she signed after a drunk driving arrest violated her privacy rights.

Teacher claims wrongful termination for her firing while pregnant

It is well established in California that women cannot be treated differently than men at work. Any employment related decision, including firing an employee, cannot be based on the employee's gender. However, this still does occur, and women are still affected by these discriminatory decisions. One way that women can be discriminated against is based on their pregnancies.

Incentives for reporting employer's violation of False Claims Act

In California, companies must interact with the State in many different ways. One way is that the state will grant large contracts to construction companies, utility companies, developers and many other types of businesses to complete work on the state's behalf. Also, many companies must pay the state taxes, royalties and other fees based on the type of business the company conducts. So, between the various contracts companies can obtain and what they may need to pay the state, there is a lot of money to be gained or lost for these companies.

Basics of the Family Medical Leave Act in California

Having a family in California is something that many people want to have and therefore many couples have children every year. However, as everyone knows, it is only women who actually have the babies. While having a baby can be a very joyous occasion, babies also need a lot of attention when they are first born to ensure that they will thrive. The mothers also need time to recover especially if there were complications with the pregnancy or birth.

How do wrongful discharge claims filed with the EEOC proceed?

Most employees in California are at-will employees. This means that they do not have an employment contract stating a specific length of time the employee will be employed by a company. It also generally means that the employer can fire the employee for many different reasons at any time just as the employee can quit at any time. However, all employees still have certain rights, and there are certain reasons that employers cannot fire an employee.

Doctor claimed whistleblower retaliation was reason for firing

One place where people in California expect to be safe and receive the care needed to get better is at a hospital. Therefore, they expect that the hospital and its staff will ensure that the hospital is safe and patients are receiving the proper care. The people who work at hospitals also expect to be safe while they work and expect their employers to ensure their safety. If these safety concerns are not being addressed though, people would expect that staff members would speak up and ensure that the proper safety measures are being followed.

Potential punitive damages in a wrongful termination matter

There are many legal reasons that employers in California can fire their employees. However, employers cannot fire an employee based on their race, religion, sex, sexual orientation, age, disability and other reasons. If they do, the employee may be able to file a wrongful termination claim. Through these claims the employee can try and hold the employer accountable for their actions and also receive compensation for their losses due to the wrongful termination.

What is quid pro quo and hostile work environment harassment?

Workplaces in California have changed over time. Women, minorities, older workers, people with disabilities and others have gained rights that they did not always have. However, despite the laws changing, it has been a much longer process to change the attitudes and behaviors of some of those in charge at the companies. For instance, women may have obtained more jobs, but many are still subjected to various forms of sexual harassment. This was clearly just an engrained part of working and seemed like the norm, even if it wasn't appropriate and may even have been illegal in some cases.

Workers are protected from retaliation for workers' comp claims

When people go to work in California, most just assume that they will go, do their work and go home. However, sometimes, there are accidents that occur at work. There are some types of jobs where this may be more common than others, but accidents can occur at almost any workplace. These accidents can also lead to injuries that force workers to miss time at work while they heal. During this period of time, the worker may be entitled to workers' compensation benefits though to help with their lost income.

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