Orange County Employment Lawyers Blog

California Appellate Court Holds Substantial Motivating Factor Required in Wrongful Termination Lawsuit

March 11, 2014 | by Nassiri Law

In a negative decision for advocates of employee discrimination law, the California Court of Appeals recently mandated that a case be retried because of improper jury instructions.

A California wrongful termination can be filed with the assistance of an experienced attorney who is aware of developments like these in areas of employment law.

The case Mendoza v. Western Medical Center Santa Ana. G047394 (2014), involved a gay nurse who was fired following an investigation of his employer about a claim of sexual harassment by his gay supervisor. At trial, the jury awarded $238,328 to the employee in damages. However, the case has been sent back to the trial court for a retrial due to jury instructions.

The Constitutional Protection of Public-Employee Pensions

March 8, 2014 | by Nassiri Law

Public employee pensions are directly affected by the Contract Clause of the Constitution.

The Contracts Clause prevents the government from passing a law that would impair the obligation of contracts.

A consultation with an experienced Costa Mesa employment lawyer can help you decide if your employment contract has been impaired.

How to Fight Age Discrimination in the Workplace

March 7, 2014 | by Nassiri Law

Age discrimination at work has become more and more prevalent as the economy has struggled in recent years and as a significant percentage of the work force nears retirement age.

A California age discrimination lawsuit requires an experienced attorney with knowledge of both federal and state laws.

Age discrimination cases have not gotten any easier to win. In fact, the Supreme Court increased the legal requirements for workers who want to win age discrimination cases in 2009.

U.S. Lags Behind World in Temp Worker Protections

March 5, 2014 | by Nassiri Law

Although the United States may be further along in some aspects of employee rights, the United States does not protect its temporary workers as well as some other countries.

Our employment lawyers in Orange County know the United States doesn’t have the most beneficial employment laws for temporary employees and believe they deserve better treatment.

In a recent article from propublica.org the story of a temporary worker was recounted along with how the same worker may have fared in other countries. The results may surprise you.

Age Discrimination Claim Survives Dismissal

March 3, 2014 | by Nassiri Law

A case in the California Court of Appeals has reversed a trial court’s decision. The trial court dismissed a case stating that there were no issues worth trying in front of a jury.

Our age discrimination lawyers know that employers will likely defend against age discrimination claims vigorously in court. The case of Cheal v. El Camino Hospital is somewhat typical because the employer has defended itself against claims of age discrimination by claiming that the employee was underperforming.

Employment discrimination cases often bring out accusations from both sides. Usually an employee brings a claim and is required to prove a preliminary case, also know as a prima facie case.

Reaction to Gay Football Player Points to Employment Discrimination

February 28, 2014 | by Nassiri Law

The individuals who say there is not discrimination against gay employees should look no further than the recent announcement made by a college football player heading to the NFL.

Our Costa Mesa LBGT discrimination attorneys know first hand that employment discrimination against workers due to their sexual orientation occurs on a daily basis.

There has been a recent push for Congress to create a federal statute that outlaws discrimination based on sexual orientation but Congress has failed to pass the necessary legislation.

Large IT Company to Pay $4 Million in Age Discrimination Lawsuit

February 26, 2014 | by Nassiri Law

Employers sometimes favor younger workers for a variety of reasons. Often an older, more experienced worker can cost a company more money and there may be a perception that an older work is out of touch with technology. A recent age discrimination lawsuit resulted in a recovery of almost $3.5 million after a trial in federal court.

A California age discrimination lawsuit can be filed with the help of an experienced employment law attorney.

The suit has been in various courts since 2009 and was seen as a battle between David and Goliath as the plaintiff’s attorney did battle with a large company’s legal department. A pre-trial motion was filed that pointed to an internal investigation by the company that drew the attention of employment attorneys nationwide.

Fears of Raising Minimum Wage are Unfounded

February 24, 2014 | by Nassiri Law

The State of California has fairly good employment laws but there are always more ways to help disadvantaged workers, such as a hike in the minimum wage, and that is exactly what some State Senators are proposing.

Our wage dispute attorneys know that many employees are woefully underpaid and are in favor of more employee rights. Unfortunately, when some suggest raising the minimum age there is often a lot of pushback about how businesses will be harmed.

Usually the argument is that an increase in minimum wage will hurt business owners, who will then cut more employees and put more employees in lower positions – this leads to higher unemployment which isn’t good for workers either.

More Retaliation Claims filed in 2013 Than Previous Years

February 21, 2014 | by Nassiri Law

Although overall employment discrimination claims have fallen slightly in the private sector during 2013 there has also been an uptick in a number of individual areas.

Our employment lawyers in Orange County are fully aware that sometimes overall statistics can be misleading. And, at a time when employment discrimination complaints are at record highs across the board, a slight decrease is really not enough.

Complaints began climbing rapidly in 2010 when they were at nearly 100,000, which was a 7% increase from the previous year and a 20% increase from 2007. Experts have suggested that when the economy is strong, workers tend to be happy and therefore do not file as many complaints as discontented workers in tough times.

Settled Wrongful Termination Lawsuit

February 18, 2014 | by Nassiri Law

A DNA Diagnostics center has reached a settlement agreement in a wrongful termination suit filed last year.

Our Costa Mesa wrongful termination lawyers know that employers are sometimes willing to settle a case to avoid a long drawn out trial but it will really depend on the employer and the facts of the specific case.

The Diagnostics center agreed to pay $25,000 in liquidated damages and lost wages when it unlawfully denied an employee leave under the Family and Medical Leave Act.