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September 2012 Archives

Disability Suit Alleges Company Fired Man For Seeking Transplant

A national food services company allegedly fired an employee when it discovered he planned to seek a much-needed kidney transplant. The employee's lawsuit claims that the company engaged in disability discrimination by firing him three days after he told managers that his transplant application had received approval.

USERRA And Veterans' Employment Rights

Although the general rule in the United States is that employment is always at will and can be terminated without cause at any time, armed forces veterans are a big exception. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), veterans are entitled to a number of benefits. If employers violate veterans' USERRA rights, veterans can sue to enforce compliance.

Judge Rejects Wal-Mart's Attempt To Dismiss Gender Bias Case

Wal-Mart's ongoing gender discrimination lawsuit will continue in California after a federal judge rejected the company's request to dismiss the case last week. The California class action suit alleges that Wal-Mart discriminated against its female employees by withholding equal pay and promotion opportunities.

Fired Because Of Facebook: Is Your "Like" Legally Protected?

800 million Facebook users post more than 3 billion comments and "likes" every day. Legal observers have long predicted a faceoff as courts seek to define how employers may respond to their workers' questionable or conflicting behavior on the social network. In determining whether an online statement gives rise to a wrongful termination claim, courts in California and around the country must decide how similar Internet activity is to other areas of protection.

Wal-Mart Warehouse Walk: Employees Strike To Protest Conditions

Usually the word "walk" in the context of a strike refers to walking off the job. In the case of a California Wal-Mart contractor's warehouse, however, employees planned a 50 mile walk from the warehouse to Los Angeles. Because these employees are not affiliated with a union, they run the risk of losing their jobs under California's "at will" employment rule.

Do The El Monte Lifeguards Have A Claim For Wrongful Termination?

Based on what's been said so far, the simple answer is no, there is no claim for wrongful termination. The lifeguards were fired, according to the city, for violating terms of their employment agreement that prohibited the use of city property for personal gain. The stated repercussion of doing so was disciplinary action. In most circumstances, disciplinary action can mean anything from a meeting with your boss, written documentation for your employment file and termination, among other things.

Turbans, Hijabs Protected From Workplace Religious Discrimination

California Governor Jerry Brown recently signed Assembly Bill 1964 into law prohibiting discrimination against workers who wear visible signs of their religion - like turbans or hijabs - in the workplace. The new law is aimed at protecting Muslim and Sikh workers from religious discrimination in the workplace but protects all employees in California from religion-based employment discrimination.

The Next Big Employment Issue: Legal Protections for Elder Care

As the Baby Boomer generation edges towards retirement, the United States is hurtling into a new era. Because the Baby Boomers represent a disproportionately large demographic, Americans will need to find a way to balance elder care with employment. Elder care can be very time-intensive and not all people can rely upon assisted living or nursing home facilities to help carry the load.

EEOC Suit: Employers Must Act To Prevent Sexual Harassment

The EEOC announced a sexual harassment lawsuit against a health care clinic. One of the company's receptionists reported that a male patient made numerous unwelcome sexual comments to her and that the clinic did nothing in response. Exercising its anti-discrimination enforcement role, the EEOC now seeks a variety of damages for sexual harassment.

After $2.3 Million Settlement, Fry's Denies Sexual Harassment Claims

Fry's Electronics recently entered into a consent decree related to sexual harassment that took place in 2007 against then-20-year-old employee America Rios by an assistant store manager. The electronics store has agreed to pay $2.3 million to end the harassment and retaliation lawsuit and to improve company policies intended to prevent sexual harassment and retaliation.

When Is The Right Time To Tell Your Boss You're Pregnant?

Perhaps you just learned the good news of your pregnancy or you've finally passed that first trimester mark that many use as a guideline for telling friends and family, but what about work? When is the right time to tell your employer that you're pregnant and will (likely) be taking some time off in the future?

Fake Robbery Targets Female Workers At California Water District

In Taft, California, many residents deal only in cash. So, when it comes time to pay the utility bill, they come, cash in hand to the West Kern Water District office. Because the cashier's office could have a substantial amount of cash on hand at any given time, employees were given training in how to handle a robbery.

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