by Jeff Park, Esq. California’s Fair Employment and Housing Act provides for reasonable accommodations, including work schedule arrangements, for an employee’s or an applicant’s own disability under the right circumstances. But does it provide for an employee to have a schedule accommodation to care for a disabled person they associate with? In the […]
WRONGFUL TERMINATION – If discrimination was a substantial motivating factor in terminating an employee, does the employee have a claim for wrongful termination in violation of public policy – if the employer can prove it would have made the same termination decision for lawful reasons?
In the recent case of William Davis v. Farmers Insurance Exchange, the California Court of Appeal said that the defense – that an employer would have made the same adverse decision for lawful reasons anyway (which is used in discrimination cases) – also applies in a wrongful termination case without a companion discrimination claim. The […]
If a Lawsuit is Settled with a Monetary Settlement to the Plaintiff, who Pays the Plaintiff’s Costs Incurred in the Lawsuit?
Most lawsuits end with a settlement before trial. This occurs through direct negotiation and mediation. When this happens, “costs” that have been incurred in the lawsuit process such as court filing fees, witness fees, fees for recording and transcribing depositions, and other costs, sometimes totaling tens of thousands of dollars, can be awarded to the […]
Must an employer have ill will against an employee to be liable for disability discrimination?
This case confirms that no ill will is necessary and that an employer’s mistaken belief that an employee cannot safely perform the essential functions of their job with accommodations, even if the mistake was reasonable and made in good faith, can cause liability for the employer. Facts Stanislaus County (“County”) hired Dennis […]
Training Program Fees / Job Constraint, Reimbursement of Expenses, and Employee Payment of Attorneys’ Fees
Has your employer ever offered a training program but wanted you to pay for at least part of it if you leave the company without working for a minimum period of time after the training? When can an employer do that? Does such a training program that requires you to stay or pay violate Business […]