Casey v. Dep’t of Defense, a case from the United States Court of Appeals for the First Circuit, involved an employee filing what is known as a Bivens action. This term comes from the 1971 cased entitled Bivens v. Six Unknown Named Agents. In its holding, the United Stated Supreme…
Articles Posted in wrongful termination
Should Intoxicated USC Coach Get FMLA Leave Instead of Getting Fired?
Recently, the football coach for University of Southern California allegedly showed up to a team meeting while he was under the influence of alcohol. ESPN reported this was not the first time the second-year coach was suspected to be impaired at work. He reportedly was intoxicated at a Salute to…
NLRB Decision on Facebook Behavior as Protected Concerted Activity Upheld
Facebook has created myriad problems for employer/employee relationships and a Los Angeles wrongful termination attorney knows that numerous cases have addressed whether employees can be fired for Facebook conduct. One recent case was decided by the National Labor Relations Board in the employee’s favor, but the decision was appealed. Now, the…
Burton v. Freescale – Retaliation for Workers’ Compensation Claims
Employees who file workers’ compensation claims may run the risk of possible retaliation by employers who want to avoid paying the associated costs. The majority of states have laws that prohibit companies from lashing out against workers who have filed workers’ compensation claims. Workers seeking to prove retaliation have to…
Rock v. Levinski – First Amendment Rights of Employees
One of the most dearly held rights Americans have is stated in the First Amendment to the U.S. Constitution: The right of free speech. It allows us to speak our minds without fear of government infringement. But that’s just the thing: It pertains to government infringement, not infringement by private…
Changes to Discipline Reporting Requirements in CA
Getting fired from a job is never a good thing. Not only are you out of a job, but you now also may have trouble getting a job in the future, because many job applications ask if you have ever been terminated from any employment position in the past. Even…
California Farmworkers’ Union Brings Fight to DC
California has a very diverse economy, and this is one of the reasons it is such a great place to live. In terms of jobs, there are a variety of different sectors and opportunities not available to residents of other states. Not only do we have the world’s leading computer…
Medical Marijuana Legalization Creates Employment Issues
Cities and states across the country have legalized marijuana, decriminalized simple possession, or legalized the use of medical marijuana, as is the case in the state of California. However, one question that tends to arise is if marijuana is legal to use, can an employer fire an employee for legally…
Former Coach Gets $5 Million in California Wrongful Termination Lawsuit
A former high school football coach in Southern California who was wrongly terminated for blowing the whistle on a sexual hazing scandal at a Catholic school will receive nearly $5 million in damages. Jurors decided with the coach in his lawsuit and awarded him $900,000 in compensatory damages, and gave…
Spratt v. DirecTV – Cable Company Accused of Wage-and-Hour Abuses
A California lawsuit accuses a large cable company of forcing hourly workers in California to toil through designated brake times, among other wage-and-hour violations, according to the latest lawsuit filed against the firm. In Spratt v. DirecTV Enterprises LLC, filed within the Los Angeles Superior Court, a former maintenance worker…