DIRECTV, Inc. v. Imburgia Provides One More Reason Employees Should Speak to an Employment Law Attorney
A recent Supreme Court decision, DIRECTV, Inc. v. Imburgia, provides one more reason employees should consult with an employment law attorney. Imburgia concerned whether the employee and employer had agreed to arbitrate…
Woman wins settlement in wrongful termination case against SF Police Department
A former Oakland Police Department attorney received a $725,000 settlement in August from city officials for a wrongful termination lawsuit she filed in 2013. Kelly O’Haire sued the city and Police Department,…
Leave of Absence as a Reasonable Accommodation
Definite or Indefinite Leave of Absence as a Reasonable Accommodation A common question a California employer faces is for how long to provide an unpaid leave of absence as a reasonable accommodation…
Wrongful Termination – When does a Termination Qualify as Wrongful?
One of the most frustrating and perhaps bewildering moments in any employee’s career is finding out that your employer is ending the employment relationship. After the initial shock, questioning, bargaining, accusations, and…
What Does “Interactive Process” Really Mean?
A common problem that arises in disability discrimination cases is the extent to which the employer engaged in the “interactive process” with an employee to determine a reasonable accommodation for the employee’s…
What is an Undue Hardship When Considering a Reasonable Accommodation for an Employee’s Disability?
A concept in workplace disability accommodation situations is the idea of “undue hardship” which an employer asserts to avoid having to provide a reasonable accommodation for a disabled employee. California’s Fair Employment…
Covenants Not to Compete Are Only Enforceable to Protect Trade Secrets
A recent California court decision has narrowed the scope of enforceable “covenants not to compete.” California, unlike many other states, severely limits the ability of an employer to prevent former employees from…
Oakland Employees Entitled to Sick Leave Pay
Beginning February 5, 2007, all employees who work within the Oakland city limits are entitled to one hour of sick leave for every 30 hours worked. The sick leave may be used…