Review of Wrongful Termination Cases in Employment Law

Wrongful Termination News

Accommodating Permanent Disabilities - Raine V. City of Burbank

Accommodating Permanent Disabilities – Raine V. City of Burbank

Citation: Raine v. City of Burbank (2006) 135 Cal.App.4th 1215 Parties: Mark A. RAINE, Plaintiff and Appellant. CITY OF BURBANK et al., Defendants and Respondents. Issues: Does an employer who reassigns an employee to a temporary light-duty position to accommodate the employee's injury have an affirmative obligation under the Fair Employment and Housing Act, Government Code section 12900 et seq.[1] (FEHA), to make that temporary light-duty assignment available indefinitely once the employee's temporary disability becomes permanent? Facts: Mark Raine, now 48 years old, was employed as a police officer for the Burbank Police Department (BPD) for 21 years, from May 11, 1981 through May 22, 2002. From 1981 through 1995 Rained worked as a uniform patrol officer. On September 11, 1995 he was assigned to work as a school resource officer for the Burbank Unified School District. The position required Raine to patrol school campuses when school was in session and to work as a street pa… ...
Jonathan J. Delshad, Esq. 5 months ago
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Employees Must give Notice of A Disability Prior to being Terminated or Abandoning their Employment

Employees Must give Notice of A Disability Prior to being Terminated or Abandoning their Employment

Citation: Brundage v. Hahn (1997) 57 Cal.App.4th 228 Parties: Plaintiff and appellant Catherine Brundage. Defendant and respondent County of Los Angeles Office of the Assessor. Issues: Whether Plaintiff’s denied reinstatement was based on abandonment or constituted a failure to provide a reasonable accommodation based on Plaintiff’s disability.   Plaintiff was employed by County as a deputy assessor from June 1988. She requested and received emergency vacation from November 22 to 24, 1993. Because of the Thanksgiving holiday, she was not due to return to work until November 29, 1993. She did not return. A County employee telephoned Plaintiff 's mother on December 2, 1993, and was told Plaintiff was still on vacation. On December 7, 1993, a letter was sent to Plaintiff informing her that, unless she returned to work by December 13, or gave reasons justifying her absence, she would be deemed to have resigned her position. This letter was returned to County, as Plaintiff… ...
Jonathan J. Delshad, Esq. 5 months ago
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Governor announces bill to clarify fee shifting statute in Labor Code 218.5

Governor announces bill to clarify fee shifting statute in Labor Code 218.5

The governor has just announced that he has signed SB 462, a bill that will clarify the existing two-way fee shifting provision of labor code 218.5 by expressly providing that where the prevailing party in a wage claim action is an employer, fees are to be awarded only upon a judicial finding that the employee brought the action in bad faith. For the full text of the bill click here - http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0451-0500/sb_462_bill_20130813_enrolled.htm For more infor… ...
Jonathan J. Delshad, Esq. 2 years ago
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Sexual Harassment, Innuendos, Vulgar language, are not OK at work.

Sexual Harassment, Innuendos, Vulgar language, are not OK at work.

On Monday, Governor Jerry Brown signed a bill stating that sexually harassing conduct need not be motivated by sexual desire. This bill will take effect January 1, 2014.  What this bill intends to take aim at is conduct that is obviously sexually charged, but not done because of "sexual interest".  For example, there have been many cases where a male employee who is not homosexual harasses another male employee in obvious sexual ways, either by making suggestive comments, motions, or other sexua… ...
Jonathan J. Delshad, Esq. 2 years ago
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SB 292 Text

SB 292 Text

SB 292, Corbett. Employment: sexual harassment. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexu… ...
Jonathan J. Delshad, Esq. 2 years ago
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Magic
Magic Johnson gets sued for Wrongful Termination

No amount of Magic will prevent you from getting sued for wrongful termination if you are a star and live in LA.  Magic Johnson is the next in our series of articles on hollywoods fight with ethical employment practices.  The Suit was filed filed in the L.A. CountySuperior Court. A lawsuit has been filed against […]

MacDonald
MacDonald v. Ascent

A Hollywood production company had to pay a $450,000 by a Los Angeles jury after Andrew MacDonald was fired after telling  his boss that another employee was taking the drug in the company restroom, according to the complaint filed in the case. Supervisors  downplayed the problem, MacDonald said.  MacDonald became frustrated and asked whether he […]

CEO
CEO sues for Wrongful Termination in Los Angeles

The former CEO of New Frontier Media on Tuesday said he plans to sue, claiming he was wrongfully terminated from the company. The New Frontier Media Board went on to say that Weiner appears “committed to continuing to distract our board and deprive our shareholders of the opportunity to receive maximum value for their shares.” […]

William
William Shatner sued by former employer for wrongful termination

Actor William Shatner is sued for wrongful termination.   A former employee is suing William Shatner for wrongful termination and harassment. Oscar Alfaro, a handyman for Shatner and his wife Elizabeth Shatner, claims he was wrongfully terminated after refusing to sign a release for an on-the-job injury. Both Alfaro and his wife, Delmy, worked for the Shatners for the […]

Sharon
Sharon Stone’s former nanny suing for discrimination after being terminated

Sharon Stone’s former nanny is suing her former boss for “racial harassment, sweatshop conditions and wrongful termination.” In her complaint, Erlinda Elemen claims Sharon Stone  subjected her to painful “slurs”  which were related to her Filipino ethnicity and heritage, claiming  Stone made derogatory comments about her Filipino accent and food and told her not to […]

Nicollette
Nicollette Sheridan Sues for Wrongful Termination

Nicollette Sheridan sued her former employer  Touchstone Television Productions  and ABC network for her work on the show “The Desperate Housewives.”  Recently, an appeals court shot down her wrongful termination claim. In a written decision Thursday August 16, 2012, judges for the Second District Court of Appeal in California sided with Touchstone and ABC, declaring that […]

Dany
Dany Bahar, CEO, Sues Lotus for Wrongful Termination in England

Lotus, an english car manufacturer is being sued by it’s former CEO. 40 year old Dany Bahar, fomer chief executive officer of unprofitable British sports-car maker Group Lotus Plc. in June, filed a claim against the company and its Malaysian parent DRB-Hicom Bhd. (DRB) for wrongful dismissal in Malayasia and England. Bahar, is seeking 6.7 million pounds ($10.6 million) for […]

Can
Can Adam Smith, former Chief Financial Officer at Vante, sue for retaliation?

A report on the internet shows that an executive at a medical manufacturing firm lost his job after a YouTube video of him verbally ambushing a young employee at a Tucson Chick-fil-A went viral. Adam Smith, formerly Chief Financial Officer at Vante, is no longer working at his current job after he filmed himself making a […]