California Employment Law Blog

In a recent case, the Second District Court of Appeals Division 5 in California issued an opinion in an appeal involving a discharge dispute between an employer and an employee. The plaintiff is a former plant manager for the defendant, FlashCo, a manufacturer of prefabricated roof flashings. The plaintiff contends that he was discharged from…

Many employers in California require employees to sign mandatory arbitration agreements before commencing employment. Despite California laws prohibiting some employers from requiring these agreements, many still require arbitration agreements. Although some of these are lawful, many contain terms that courts find to be unconscionable, or unenforceable because they do not give the employee meaningful choice.…

Earlier this month, an employee appealed the lower court’s decision in favor of his employer in a wrongful termination case. When the case was before the lower court, the plaintiff unsuccessfully argued that he should succeed because his employer engaged in disability discrimination. On appeal, the higher court agreed with the lower court, ruling again…

Recently, a federal district court in California denied a plaintiff’s appeal in a racial discrimination case. The plaintiff worked for a community medical center as a microbiologist, and according to the medical center, he was fired in 2018 for violating the center’s privacy policies. The lower court denied the plaintiff’s racial discrimination claim, and the…

Courts reviewing sexual harassment claims have the potential to award plaintiffs with significant monetary compensation; however, the legal claims have to establish certain causal links in order to be successful. Recently, a California court denied a plaintiff’s appeal in her employment discrimination case, concluding that there was no causal link between the sexual harassment that…

The California Fair Employment and Housing Act provides greater protections to employees than federal law. But bringing a lawsuit under the Act for discrimination or wrongful termination can still be a difficult and arduous process for employees. Employees with disabilities who believe they are being wrongfully discriminated against must prove they have a disability, were…

Employment discrimination and harassment based on membership in a protected class are patently unacceptable in California. Victims of discrimination and harassment are often hesitant to report what has occurred at their workplace for fear of retaliation. Federal and California lawmakers understand this dynamic and have worked to design a legal framework for addressing harassment and…

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 from requiring employees to sign…

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 labor protections, employers have successfully…

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 a favorable verdict. A court…