Searching Content indexed under Unfair/ Wrongful Dismissal by Fenwick & West LLP ordered by Published Date Descending.
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No FEHA Violation For Refusing To Rescind Resignation Of Disabled Employee
In Featherstone v. Southern California Permanente Medical Group, a California appellate court dismissed claims by a disabled employee asserting wrongful termination and disability discrimination...
United States
24 Aug 2017
Whistleblower Statute Protects Employees From Retaliation For Reporting Personal Matters
Cardenas was a dental hygienist. She received an expensive ring from her husband for her twenty-fifth wedding anniversary.
United States
26 Oct 2015
Terminating Employee For Calling Boss A "Nasty Mother F**ker Violated NLRA
Pier Sixty LLC ("Pier Sixty") employee Perez was upset with his supervisor, Bob McSweeney, who he believed treated both he and his coworkers unfairly and in a demeaning manner.
United States
27 Apr 2015
Perceived Whistleblower Protected By Labor Code
This decision significantly expands the scope of retaliation protection for employees under Labor Code section 1102.5.
United States
14 Jan 2015
Employee Lawfully Terminated For Failure To Undergo Psychological Exam
A California appellate court upheld a jury’s verdict that the USF lawfully terminated a professor who refused to undergo a fitness-for-duty examination.
United States
18 Sep 2014
Employee Terminated For Stealing Caused By Disability Entitled To Discrimination Trial
Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability?
United States
23 Apr 2014
Returning Military Reservist Allowed To Invoke USERRA "Escalator Principle" For Failure To Reinstate Into Higher-Level Job
The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the "escalator principle" that is a unique element of the federal Uniformed Services Employment and Reemployment Rights Act.
United States
18 Nov 2013
New Trial To Determine Whether Pregnancy Leave Was "Substantial Motivating Reason" For Termination Upon Return
Following the California Supreme Court’s guidance in Harris v. City of Santa Monica (February 2013 FEB) that an employment action is illegal only where bias is a "substantial motivating factor" for the action, a California appellate court recently vacated a verdict where the court had instructed the jury that bias need only be "a motivating factor."
United States
18 Oct 2013
Manager's Bias, Public Policy, And Defamation Claims - Due To Termination Following Investigation - Thrown Out Before Trial
In McGrory v. Applied Signal Technologies, Inc., Applied Signal ("AST") secured the dismissal of a former manager's claims that his termination was discriminatory and violated public policy and that AST defamed him, and a court of appeals upheld the dismissal.
United States
6 Mar 2013
Fenwick Employment Brief - February 2013
Resolving a question that has been pending for three years, in "Harris v. City of Santa Monica", the California Supreme Court held that, in mixed-motive cases, where an illicit purpose is a substantial motivating factor for an adverse employment action, the employer will be liable for unlawful discrimination.
United States
26 Feb 2013
Fenwick Employment Brief - November 2012
In a seemingly unjust result for the employer, a California court of appeal recently refused to enforce an unsigned arbitration agreement against a human resources director who repeatedly misled her employer into thinking she had signed it.
United States
17 Dec 2012
Fenwick Employment Brief - September 19, 2011
In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees.
United States
28 Sep 2011
Fenwick Emploment Brief - August 16, 2011
The National Labor Relations Board ("NLRB") ruled last month that an employer's termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act ("NLRA").
United States
19 Aug 2011
Fenwick Employment Brief - September 15, 2010
Two recent federal appellate decisions highlight some of the procedural pitfalls that lurk within the federal Family and Medical Leave Act ("FMLA").
United States
16 Sep 2010
SOX Whistleblower Law Does Not Protect Employees Who Leak Documents To The Media
In Tides v. Boeing, a federal district court in Seattle ruled that two employees who leaked documents to the media were not protected whistleblowers under the Sarbanes Oxley Act ("SOX").
United States
23 Mar 2010
Fenwick Employment Brief - January 12, 2010
To properly classify an employee as exempt, an employer must satisfy the salary-basis test by paying a salary, "without deduction," regardless of how many or how few hours the employee works during the pay period.
United States
26 Jan 2010
Fenwick Employment Brief - February 8, 2008
In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana.
United States
13 Feb 2008
Fenwick Employment Brief - January 8, 2008
The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for non-job-related solicitations (including union organizing efforts), so long as they do so in a non-discriminatory manner.
United States
11 Jan 2008
Court Sheds Light On Evidence Needed To Establish Hostile Work Environment Harassment
A California court of appeal recently clarified which kinds of conduct will support a hostile work environment harassment claim under California’s Fair Employment and Housing Act (FEHA). In Roby v. McKesson, the court found insufficient evidence to support a jury’s finding of harassment based on disability, and struck the verdicts against the defendants for harassment.
United States
9 Feb 2007
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