Mandatory arbitration agreements refer to agreements that an employee must sign as a condition of employment. Employers often include these clauses in their employment contracts to hinder an employee’s ability to pursue claims in court in front of a jury. While California’s arbitration ban (AB 51) prohibits certain California employers…
Since the dawn of the Progressive Era in the early 20th Century, employers have resisted government-imposed labor protections for their employees. Employers often rely on employees’ lack of knowledge of the law to prevent them from asserting or even inquiring into their rights. In addition to keeping workers ignorant of…
To succeed on a claim for wrongful termination from employment, a plaintiff must show that his or her termination was substantially motivated by a violation of public policy. Only when a plaintiff proves that he or she was fired for reasons such as discrimination or retaliation can that plaintiff receive…
Trials for employment discrimination cases can be emotionally charged environments, and respecting the decision-makers in any court setting can make or break a party’s case. In a recent sexual harassment suit coming out of a California court, the defendant unsuccessfully appealed several rulings from the lower court that he claimed…
Employment-related lawsuits in California require plaintiffs to comply with many procedural requirements to pursue a claim successfully. If an employee is being mistreated in the workplace, several potential claims against the employer could be pursued. Although an employee may have two or more valid claims against their former employer, each…
For California employees seeking job security, the prospect of an unexpected termination, especially if done so without cause, understandably produces fear and anxiety. In instances where an employee is terminated soon after a long-distance, interstate, or even international transfer, the consequences of the termination can be extreme. The California Court…
The procedures for successfully pursuing an employment law claim in California can be archaic and confusing. If an employee has been treated illegally by their employer but fails to properly follow the procedure to pursue a claim, they most likely will be left without any relief, even if the facts…
Employment discrimination is illegal under state and federal law. Once an employee makes it known that they are experiencing any type of disability, public and private employers are required by law to provide reasonable accommodation for the employee. Employees are entitled to any accommodation that would not produce undue hardship…
Many employers, especially large corporations with a public image, may be more concerned about the optics of workplace discrimination and harassment claims than the cost of paying a complainant the requested amount of damages. Prior to 2019, California employers were permitted to require a sexual harassment or discrimination complainant to…
Professional and trade unions are generally tasked with protecting the rights of their members and maximizing employee negotiating power with owners and management by presenting a united front. Usually, a union will enter into what is known as a “collective bargaining agreement” with an employer. The CBA will set rules…