wrongful termination

Company Implants Workers with Microchips

April 11, 2017 | by Nassiri Law

We are probably aware of how pet owners can get a microchip implanted in their dogs or cats that can be scanned to determine ownership information in case the animal is lost and not wearing a collar with identification tags. Some of us can recall older science fiction movies, such as “Demolition Man,” where everyone had a chip implanted in his or her hand that would be used to track the person and as a method of payments.

It seems the future is here, according to a recent news article form the Los Angeles Times. This is fitting, because most of those futuristic movies of the 80s and 90s take place in a year that has already passed. According to this recent article, one employer is giving employees the option of having a microchip implanted in the space between the thumb and index finger. Continue Reading ›

Worker Gets Another Shot at Employer Retaliation Lawsuit

March 5, 2017 | by Nassiri Law

A worker alleging his employer violated federal civil rights law by retaliating against him for filing a racial discrimination complaint will get another shot at taking his claim to court.

The U.S. Court of Appeals for the Fifth Circuit reversed a trial court’s dismissal of his original complaint.

According to court records, plaintiff is an African American man who first started working for the company, a machinery manufacturing firm based in Texas, in 1991. He started his job as a “helper,” but was eventually promoted to machinist. During his tenure at the company, he was laid off three times due to staff reductions, but each time was hired back. Eventually, he racked up a full decade of seniority. By all accounts, he performed his job in a manner his employer deemed satisfactory, he regularly received raises on merit and he’d never been disciplined – until May 2009, when he was 55-years-old. Continue Reading ›

Wrongful Termination Plaintiffs Must Prove Firing Was Pretextual

February 21, 2017 | by Nassiri Law

In the context of employment law, a pretext is basically a false reason given for an adverse employment action, such as a demotion, loss of benefits or wrongful termination. For example, perhaps your employer tells you that you are being fired due to budget cuts, but in reality, you’re being let go in retaliation because you recently filed a complaint of sexual harassment or asked for a disability accommodation.

So how do we prove the employer’s actions were discriminatory? The U.S. Supreme Court issued a ruling in the 1973 case of McDonnell-Douglas Corp. v. Green in which the court held that after plaintiff establishes a prima facie case of discrimination, the burden of proof then shifts to the employer to show that there was a legitimate, non-discriminatory reason for the adverse employment action. It’s then up to the plaintiff to show reasons why the true reason for the action was pretextual. This kind of evidence is critical because in most cases, employers don’t explicitly state their discriminatory motivations.

Some of the ways we can prove pretext are:

False or implausible business justification. Essentially, if the reason given leaves you shaking your head and thinking, “That makes no sense,” it’s probably evidence of pretext.
Changing reasons. First, it was because you had too many absences. But then later, it was because you were allegedly caught stealing. These kinds of starkly different justifications may be evidence of pretext.
Comparative evidence. Other similarly situated employees who weren’t in your protected class were treated more favorably.
Questionable timing. If you file a complaint for sexual harassment and are fired in short order, that timing calls into question the action. Some courts have found that pretext on this basis may exist even after weeks have elapsed between the protected activity and adverse employment action.

Kowitz v. Trinity Health – Employer’s Duty to Provide Reasonable Accommodation for Workers With Disabilities

October 21, 2016 | by Nassiri Law

Title I of the Americans with Disabilities Act requires employers to give qualified persons with disabilities reasonable accommodation for work – unless doing so would create some type of undue hardship. Generally speaking, a reasonable accommodation is an alteration of the work environment or in the way things are usually done that enables someone with a disability to have employment opportunities that are equal.

This could mean:

An adjustment or modification to the job application process;
An adjustment or modification to the manner in which the job is typically performed or the work environment that gives the applicant/ worker a chance to perform the essential functions of the job;
Adjustments or changes that allow the worker with a disability the chance to enjoy equal privileges and benefits of employment, the same as other similarly-situated workers who don’t have a disability.

In order to trigger these rights, workers need to be able to perform the essential functions of the job and they need to request reasonable accommodation. In the recent case of Kowitz v. Trinity Health, the question was whether plaintiff made a request for accommodation that was adequate enough to trigger the interactive process of identifying a reasonable accommodation. Continue Reading ›

Wrongful Termination Lawsuit Settled Against State AG for $150k

August 15, 2016 | by Nassiri Law

The Pennsylvania Attorney General’s office has agreed to pay $150,000 to settle the wrongful termination claim from an ex-employee who claimed whistleblower status after he asserted he was improperly fired and then defamed for recommending a top lieutenant be fired for reported sexual harassment.

Instead, Attorney General Kathleen Kane promoted the alleged harasser and fired the person who recommended his termination.

Now, this settlement brings the total amount paid out by Kane’s office to current and former employees for employment lawsuits to more than $586,000. There are also numerous employment lawsuits still pending for claims like slander, retaliation and wrongful termination. Continue Reading ›

Employment Lawsuit: Illegal Firing for Refusal to be Scientologist

May 3, 2016 | by Nassiri Law

A woman who practices Catholicism says she was wrongfully terminated from her job at a bottled water company in Nevada because she refused to convert to Scientology.

The employment lawsuit asserting religious discrimination alleges the worker was under pressure to watch pro-Scientology videos and was turned down for a pay raise when she did not show interest in switching faiths.

Based in Las Vegas, the company, Real Alkalized Water (also known as AffinityLifestyles.com) is owned by Nevada state Assemblyman Brent Jones, a Republican. His son, who is vying for an open state Assembly seat in the November election, is the executive vice president of the firm. Continue Reading ›

Getting Fired in California over a DUI

February 2, 2016 | by Nassiri Law

According to a recent news article from HR.BLR.com, an employee was driving his personal vehicle when he was arrested and charged with drunk driving in California. At the time of his arrest, he was working for a major insurance carrier as a claims handler.

Two weeks after his arrest, employer told him he needed to answer a series of questions, and he would face termination if he refused to answer these questions. He disclosed the details of his arrest. He was given a probationary sentence, where, if he were to abide by all terms of the court and prosecutors, they would dismiss his probation in two years. This is a fairly standard deal for first-time DUI offenders in California. Continue Reading ›

U.S. Supreme Court to Address Mandatory Public Union Dues

January 23, 2016 | by Nassiri Law

According to a recent news article from the Sacramento Bee, the United States Supreme Court held oral arguments on the issue of whether a public union could force employees in a particular sector to pay dues as a mandatory condition of employment.

Specifically, this case at issue is Friedrichs v. California Teachers Association. Currently, the government-run union requires all teachers in the state of California to be a member of the union and to pay around $1,000 per year in membership dues if they want to work as a teacher. Continue Reading ›

Steve Sarkisian Sues USC For Employment Discrimination after Termination

December 12, 2015 | by Nassiri Law

Earlier this fall, the University of Southern California made headlines when they fired highly successful head football coach Steve Sarkisian. Sarkisian, while successful on the sidelines, was having serious problems in his life, which included his battle with alcoholism. He not only admitted to being an alcoholic, but it is the basis for his recently filed wrongful termination lawsuit after he lost his job as Trojans head coach.

According to a recent news article from the Pacific Standard, people started becoming concerned about the health and wellbeing of the head coach, and this only become worse when he allegedly missed a practice in October of this year. He was then alleged to have shown up to a team booster and preseason game clearly intoxicated. He was fired shortly after this incident. Continue Reading ›

Kingsaire, Inc. v. Melendez: Retaliatory Termination for Filing Workers’ Compensation Claim

December 10, 2015 | by Nassiri Law

Many employees are injured on the job and choose not to report their injuries to their employers out of fear that the employer will fire them if they request workers’ compensation. This is especially true with respect to many of the immigrant laborers living and working in the greater Los Angeles area. Unfortunately, many employers will routinely mistreat employees, because they think it will increase production, and they are not worried about the employee reporting them for a breach of the labor code of laws.

In Kingsaire, Inc. v. Melendez, an appeal from the Supreme Court of Texas, plaintiff filed a lawsuit against defendant on grounds that, when he was terminated, it was in retaliation for filing a workers’ compensation claim. Defendant had family-owned heating, ventilation, and air-conditioning (HVAC) business and hired plaintiff to work as a helper tradesmen in 2004. Plaintiff was responsible for welding frames on refrigeration units. Continue Reading ›