wrongful termination

What Is Considered “Unfair Treatment” in California Workplaces?

December 15, 2021 | by Nassiri Law

Fairness and equality are cornerstone ideals in America, but not every employer embodies or enforces them. However, does unfair treatment alone mean you can take legal action against your employer?

As our Los Angeles employment attorneys can explain, the viability of a California employment lawsuit depends on a myriad of factors, including:

The exact nature of the adverse action and how substantially you were impacted.
Whether the motivation for the adverse action was – in whole or in part – a protected characteristic or activity.
The strength of the evidence you have of the employer’s unlawful motivation for the adverse action. (This includes whether others similarly situated were treated the same way or differently.)
When these adverse actions were taken.

This is not to say you need to have every single detail in order for your initial consultation with an employment attorney, but it’s a good idea to have basic answers so that your attorney knows where to start.

What Are Protected Characteristics and Actions?

The simple fact of being slighted at work isn’t necessarily cause for litigation. In general, it must involve certain characteristics or actions that are protected by law.

Examples of protected statuses include: Religion, Race, Age (over 40), Disability, Sex, Gender/Gender Identity, Marital Status, Ancestry, Veteran Status, Military Status, Medical Condition, Genetic Information, Color, or Pregnancy/Any Related Condition.
Examples of protected activities include: Serving on a jury, Taking necessary family leave, Attending court and/or seeking care as a victim of a crime, Sharing your salary/wage information with others, Participating in a workplace complaint, Taking time off to fulfill first responder duties, Exercising lactation rights, and Whistleblowing.

These aren’t necessarily exhaustive lists; it’s best to consult with an attorney if you aren’t sure whether your unfair treatment was unlawful.

Is All Unfair Workplace Treatment Unlawful?

No, not all unfair workplace treatment in California is against the law. California is an at-will state when it comes to employment law. That means your employer can fire you for almost any reason without consequences. However, the exceptions arise when those adverse actions are taken as a result of some protected status or action.

So for example, if you are fired because of your age, but you are under the age of 40, your age is not a protected characteristic under the law. It’s not fair, but it’s not illegal. Continue Reading ›

Los Angeles Employment Lawyer: Can My Boss Force Me to Get the COVID Vaccine?

August 3, 2021 | by Nassiri Law

Are COVID-19 vaccine mandates legal in California? It’s a query increasingly being asked of our Los Angeles employment attorneys.

Employer vaccine mandates may soon become the norm, at least in California, if not beyond. Large employers – particularly those in California and New York – are moving to have their employees get vaccinated or tested regularly for COVID-19. Recently, the U.S. Department of Veterans Affairs mandated vaccines for its health care workers and President Joe Biden is expected to announce that all federal employees will be required to either be vaccinated or regularly tested. Masking mandates are also coming back into effect. As of right now, many private sector employers have stopped short of requiring vaccines as a condition of employment, but the growing thread of the Delta variant of the coronavirus may compel them to shift course. A growing number of L.A. bars and restaurants are going so far as to require patrons – let alone employees – to prove they are vaccinated.

Generally, employers can mandate vaccines, but it depends on where you live. Further, as a Los Angeles employment lawyer can explain, accommodations must be made for those with religious exemptions and disabilities, as well as those in unions.

The thinking behind these initiatives is that unless and until more people are vaccinated, infections, hospitalizations and deaths are likely to increase drastically across the country. With this, many major companies such as Lyft, Google and Facebook are requiring worker vaccines, as are universities. The only exceptions are those with medical or religious exemptions.

In response, we’re starting to see some employment lawsuits (wrongful termination) crop up. In Texas, for example, a hospital faced a lawsuit from more than 100 employees who were vaccine averse. There are also university students in Indiana who allege the school’s vaccine mandate is unconstitutional.

However, the history of vaccine mandates in the U.S. is actually a long one. Continue Reading ›

When is Firing Wrongful Termination in California? L.A. Employment Attorneys Explain

April 17, 2021 | by Nassiri Law

Getting fired is never fun. That doesn’t necessarily mean it’s illegal. As our L.A. employment attorneys can explain, certain elements need to exist in order to prove your termination was illegal, as opposed to just unpleasant.

Let’s start by explaining just broadly that a mix of federal and California laws prohibit employers from firing workers for a number of specific reasons, including disability, age (if over 40), use of family or medical leave, gender, pregnancy, sexual orientation, race or religion. Laws like the California Fair Housing and Employment Act (FEHA), the Americans With Disabilities Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, Title VII and others are designed to protect workers from being fired on the basis of things that are mostly beyond their control. Other provisions of law are designed to protect workers who are whistleblowers or who file complaints for things like sexual harassment, discrimination or other wrongdoing.

What can complicate some would-be wrongful termination claims is the fact that California (like most other states) practices something called at-will employment. This means that employers are allowed to take adverse employment action (cut pay, reduce paid time off, end benefits or even fire workers) at any time and for any reason – except one that is illegal. At the same time, employees are generally free to quit anytime they want without incurring any legal liability.

If you aren’t sure whether your firing was lawful, it’s best to share your concerns in confidence with an experienced wrongful termination lawyer who can explain how the law may be applicable in your case. That said, here are some examples of when your firing may be unlawful. Continue Reading ›

“Gag Orders”: California Employer Non-Disclosure Agreements Target of New Bill

March 7, 2021 | by Nassiri Law

A bill aimed at empowering workers to come forward about employment discrimination and harassment was introduced in the California state senate recently. Specifically at issue are provisions of non-disclosure agreements many workers are compelled to sign when settling employment lawsuits or simply as a condition of employment. The Silenced No More Act would statutorily ban such provisions in settlements that involve cases of discrimination or abuse.

Sponsor of the bill Sen. Connie Levya told CNN that it is unacceptable for companies to effectively place a gag order on workers who have been victims of discrimination, harassment or assault. The idea is not just to give these workers back their voices, but also to serve as a means of accountability against perpetrators and corporations that cover for them.

The measure builds on an earlier #MeToo era law called the STAND Act, which was passed three years ago. That law prohibits settlement agreements that bar workers from speaking up about employment sexual harassment and abuse. The SNMA would extend those prohibition to other forms of workplace discrimination and harassment, including those based on race, sexual orientation, religion, etc.

Employment Lawsuits Often Deal With Intersectional Problems

5 Types of Wrongful Termination in California Employment Lawsuits

September 21, 2020 | by Nassiri Law

Wrongful termination in California goes beyond a firing that some think was unjustified. As our Los Angeles wrongful termination attorneys can explain, it refers to an employment agreement that’s ended by the employer in violation of the worker’s legal rights. It means that the reason for one’s firing was because of discriminatory reasons, in violation of the employment contract or in retaliation for the employee exercising his or her legal rights.

It’s important to point out that California is an at-will state, so companies can fire employees for any time without cause, reason or advance notice. In order for one’s firing to be considered wrongful termination, former employees need to show it was due to reasons expressly prohibited by state or federal law.

The laws most commonly cited in wrongful termination cases include:

Family Leave, Discrimination Lawsuits Likely in Wake of COVID-19

July 30, 2020 | by Nassiri Law

The coronavirus pandemic forced schools and businesses across the country to close, though education and work continued remotely where possible. That left a significant number of parents juggling the responsibilities of being an employee, as well as their child’s caretaker/teacher. Most companies recognized that with schools and day cares closed, they’d have to be flexible in understanding that employees may not be able to devote 100 percent of their attention to work during work hours. However, some of that understanding is waning. For example, Florida State University released communication indicating that beginning next month, the university will no longer allow workers to care for their children while they’re working remotely – an announcement made while COVID-19 cases in that state spiked five-fold.

Meanwhile in Pennsylvania, a single mom with an 11-year-old son has filed an employment lawsuit after she was reportedly fired after being denied a request to flex two hours daily so she could focus on her son during the work day. The Washington Post reports the airline revenue management director was given the option of either taking leave or resigning. When she asked about the workplace protections available under the Families First Coronavirus Response Act, her supervisor reportedly told her he was “well aware of the various new laws that you’ve had time to look up while at home.” Days later, she was fired, allegedly under the pretext of having a conflict with other workers, something she denies.

As our Orange County wrongful termination attorneys understand it, that is believed to be one of the first employment lawsuits filed under the FFCRA, the goal of which was to expand paid sick leave and family medical leave. Yet it’s probably a sign of things to come as working parents (mothers especially) try juggle employment responsibilities and family obligations. Some employment law attorneys anticipate an uptick in coronavirus-related litigation, once the courts are back in full swing, particularly among workers who have reportedly been denied leave or paid time off to manage child care. Continue Reading ›

California Employment Lawsuit Plaintiffs Face Punitive Damage Skepticism in Court

May 8, 2020 | by Nassiri Law

California has always had one of the most robust system of protections for employee rights in the country. However, two recent state appellate court rulings may not bode well for punitive damages in future cases.

As our Los Angeles employment lawyers can explain, there are two types of damages in civil cases like these: Compensatory and punitive.

Compensatory damages are those that compensate a plaintiff for losses. They fall into two basic categories: Economic (medical bills, lost wages, loss of earning potential, loss of benefits, retirement, etc.) and non-economic (pain and suffering, etc.). Punitive damages, on the other hand, punish the defendant for wrongful conduct and hopefully discourage others from engaging in the same kind of behavior in the future. Continue Reading ›

California Retaliation Lawsuit Ends in $1.1 M Verdict Favoring Employee

February 14, 2020 | by Nassiri Law

An employee of One America News Network was awarded $1.1 million in his California retaliation claim. Of that, $810,000 was in punitive damages, awarded for egregious conduct. He alleged the company had harassed and discriminated against him for his race. But while the San Diego jury did not find merit with this claim, they did hold that the producer was retaliated against for filing the complaint.

Los Angeles employment attorneys highlight this case because it underscores the fact that retaliation can stand on its own in claims of wrongful termination.

California Workplace Retaliation Laws

California has numerous workplace retaliation laws that protect workers from wrongful termination and other adverse employment actions when they engage in certain protected activity. Protected actions could include: Continue Reading ›

Top Employment Discrimination Claims of 2019

February 8, 2020 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission (EEOC) has just released detailed breakdowns of the top employment discrimination claims of fiscal year 2019, which ended in September.

In total, there were nearly 72,700 claims of workplace discrimination filed with the federal agency. That’s down slightly from the nearly 76,500 claims filed with the agency in FY 2018 and more than 84,000 filed in FY 2017.

The top claims were as follows:

These were followed by claims of discrimination on the basis of national origin, color, religion, equal pay and genetic information. Continue Reading ›

Courts Weighing Rights of Workers Who Use Legal CBD

February 2, 2020 | by Nassiri Law

Employers in California have a fair amount of discretion when it comes to whether to hire or fire someone for use of illegal substances. But what of legal substances?

Our Orange County employment lawyers know the question has gotten thornier as more states have legalized marijuana and since hemp-dervived CBD (the non-intoxicating cannabis compound) was legalized at the federal level with the 2018 Farm Bill.

As long as marijuana remains illegal under federal law, employers will likely retain the right to fire employees who test positive for the drug in routine screenings (so long as the screening process isn’t applied in a way that is discriminatory to any protected group). That’s not to say employers are wise to continue with such a policy, given the growing public acceptance for recreational and medicinal use of the drug. Strict no tolerance policies could result in companies losing valuable talent for no good reason. But they’d still technically be within their right to do it. They are also within their rights to prohibit marijuana on their premises, even if an employee uses the drug for medicinal purposes.

The rights of employees who use CBD (cannabidiol) products is a bit murkier. We’re just now beginning to see courts weigh in on worker rights where CBD is concerned. Continue Reading ›