California Labor and Employment Law

DLSE: Retaliated Employees Need Not File with State Labor Commissioner

There has been some confusion among federal and state courts in California as to whether an employee who has been the victim of whistleblower retaliation by their employer (under Cal. Labor Code s. 1102.5) must first file a complaint with the Labor Commissioner (under Cal. Labor Code s. 98.7) before they can proceed with filing a lawsuit in court. This is important because it potentially creates yet another hurdle for an (more…)

Popularity: 4%

Disabled Employee in San Francisco Wins $350K Judgment

Fellow attorney Richard Vaznaugh reports a unanimous San Francisco jury awarded an employee in a disability discrimination case $150k in lost wages and $200k in non-economic damages. Tania Garcia had worked at the Electrical Industry Service Bureau, Inc. in San Francisco as a data entry clerk when she became disabled due to eczema and started a medical leave. Ms. Garcia was placed on unpaid leave. Just 18 days before she was due to return to work, EISB fired her without warning because her disability had exceeded 90 days. Ms. Garcia made several efforts to obtain reinstatement with the help of her union but EISB refused. The jury found for Ms. Garcia on all claims. “I feel like I’ve finally got some peace and that they didn’t get away with it,” said Ms. Garcia. Congratulations to Mr. Vaznaugh.

Popularity: 1%

What Does Your Employer Know About You?

Just found this interesting post on the Consumerist. If you’re interested in knowing what employers know about you when you apply for a job, you should take a look at the following links:

EMPLOYMENT HISTORY
ChoicePoint (866) 312-8075

CHECK WRITING HISTORY
ChexSystems (800) 428-9623
Shared Check Authorization Network (800) 262-7771 Fax: (800) 358-4506
TeleCheck (800) 835-3243.

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Popularity: 2%