Silicon Valley Employment Law Blog

College faces new wrongful termination suit a month after others

For one college system, it has been a series of one bad grade after another. According to media sources, the school finds itself facing news of a second lawsuit over an alleged wrongful termination just one month after several other former employees filed a similar civil suit. Though this school is not located in California, there may be educators here who have faced these types of circumstances.

The trouble first began when an investigation into the college's financial records reportedly revealed that the school had not paid millions in payroll taxes for the past several years. This allegedly led to the school's officials looking for cost-saving measures in order to make payments on the estimated $20 million in tax arrears. Though officials stated that personnel were not terminated due to the financial misappropriations, more than a dozen former employees have now filed a civil suit against the institution.

Public employees protest proposed changes to employment contract

For the past several years, states have had to try to cut budgets in order to ensure that public services can function in spite of purportedly decreased revenues. Unfortunately, many of those proposed budget cuts will affect those who work in the public sector, and this may include modifying an existing employment contract for many. However, any time these changes are proposed, workers here in California and elsewhere do have the right to seek an alternative remedy.

Recently, hundreds of residents turned out on the property of their state capitol to protest proposed changes in the current pension system for retired public workers, including school teachers. According to lawmakers, there is a significant shortfall in the system that would leave the pension unfunded in the near future unless changes are made in the way the system is funded. It has been proposed that employees who have been with the state for approximately 27 years would have their retirement plan converted into a plan similar to a 401(k) payment.

According to workers' payment dispute, Disney not a fun workplace

Almost every child in America has dreamed about visiting either Disney World or Disneyland here in California. However, according to union officials embroiled in a payment dispute, the entertainment destination may not be the workplace of dreams. Employees of Disney World are fighting for better wages and more favorable work conditions; however, it is unknown if the current protest also involves workers in Disneyland. 

Recently employees and union officials took part in a picket line in order to protest the current $10 an hour wage that employees are earning. According to both past and present workers, that wage makes it difficult to make ends meet in their geographic and economic conditions. In spite of reports that Disney earned an estimated $52.4 billion in profits for 2016, officials have offered only a 5 percent increase in salaries over the next 24 months. Earlier this year, the company was ordered to pay back wages of an estimated $3.8 million in order to reimburse approximately 16,000 workers who were forced to purchase their own costumes. Due to the expense of purchasing this equipment, many workers earned less that the minimum wage, which was a violation for federal wage laws.

Public supports teachers in employment contract dispute

Any time workers are treated unfairly or denied just pay for providing agreed-upon services, they have a right to seek better working conditions. In many situations, California employees may find themselves in the midst of an employment contract dispute that requires them to go on strike or take other measures to get their point across. As long as the laws are followed, these actions can be an effective bargaining tool, though there are times when workers may need to pursue other avenues for relief.

In order for most children in public school to be successful, there needs to be talented teachers who inspire a love for learning in their students. When a contract dispute jeopardizes the financial stability of those teachers, in many ways, the entire community may pay the price. Recently, parents and other taxpayers turned out in a show of support for teachers in their local school district. These educational providers went out on strike to protest the school board's reluctance to agree to an increase in their salaries.

Some university workers in payment dispute after storm closing

The recent rash of hurricanes that swept across parts of the country left untold damage and lasting reminders for thousands of people. However, while many people have been adversely affected, there are some who are claiming that their lost wages have left them in financial dire straights, which has prompted a payment dispute with their university employer. These workers are not employed in California, but it is possible that there have been similar issues that have occurred for certain employees here whenever unforeseen events arise.

The dispute is between some workers who are classified as temporary part-time employees and universities in another state. According to the complaint, the schools paid full-time workers for the days the facilities were closed during Hurricane Irma. A representative from the county's Labor Coalition made contact with the university's human resources department to lodge a complaint that these employees lost out on approximately three days of wages, though several had been employed with the school for many years. Furthermore, the complaint stated that the university's budget was already passed, and the funds for those employees' salaries have been allocated.

Supreme Court to hear case that could impact some employee rights

The U.S. Supreme Court recently reconvened and will hear a potentially pivotal case that has been the subject of a major employment dispute. It is feared that the outcome could have a serious impact on one aspect of employee rights. This case could affect millions of workers here in California and nationwide.

The case hinges on the rights of workers to band together to file a class action suit against employers with whom they are having an intractable dispute over labor issues. It has become increasingly more common for employers to demand that employees sign an arbitration agreement. These agreements require an employee to enter into a conflict resolution on a one-to-one basis. These agreements are regarded by many as an attempt to prevent workers from joining together to file a class-action suit when several employees are adversely affected by disputes.

Former NFL player sues New York Jets for wrongful termination

In the world of professional sports, players are drafted, traded and otherwise juggled around for a variety of reasons, and in spite of a talented player's contributions to his team, an athlete may find himself off a team with little explanation as to why. As California fans are aware, these players often turn up elsewhere unless his reputation has suffered undue harm. Recently, a player has filed a claim against his former team alleging he was a victim of a wrongful termination.

The player, Erin Henderson, started his football career in high school. He continued on to a college team where he made a name for himself as a top linebacker. He later signed as an undrafted player for the Vikings. During his time with that team, he was arrested and charged for two incidents of driving under the influence of alcohol. He was subsequently released from the team and was later signed by the Jets.

Union workers prepare to strike after employment contract dispute

Unions first came into existence as a way to ensure that workers' rights were protected. These organizations still serve a vital purpose, especially in situations where workers and employers are unable to reach an accord during an employment contract dispute. These unions work hard to ensure that employees are not forced to concede key points when its time for contracts to be renewed. It is likely that many California workers have been well represented by their unions in these circumstances. 

Recently, it was reported that more than 700 workers were preparing to strike when the latest contract was voted down. The workers are a part of the Draftsmen Association and are comprised mainly of technicians and designers who are tasked with drafting the designs for ships as well as the technical aspects for them for the shipbuilding company. The union is rejecting the demand that an important non-economic benefit is on the table for cuts.

Complaints over racial discrimination result in EEOC claim

Every employee is entitled to a discrimination-free workplace regardless of one's race, creed or marital status. If an employee feels that a fellow worker or employer has violated these rights in any way, he or she is entitled to file an EEOC claim in order to seek a remedy to the unsettling situation. California workers are assured of their rights to pursue an agreeable resolution through any methods available to them.

Recently, two women filed a claim with their local branch of the Equal Employment Opportunity Commission after suffering years of alleged racial discrimination. The two women, who have been employed for several years with the water department for their state, have claimed that a co-worker has subjected both of them to several degrading comments concerning their marital relationships. Both women are purportedly married to African-American men while they are of different races.

Department of Justice takes position on employment discrimination

California workers may be entitled to pursue legal action whenever they believe they suffered any type of workplace discrimination. Title VII of the Civil Rights Act of 1964 established that employers may not refuse to hire, terminate or otherwise discriminate against an employee based on race, religion or sex, in addition to creed or country of origin. However, at present the Act does not specifically address employment discrimination based on sexual orientation.

In response to several lawsuits filed by employees regarding sexual orientation and Title VII, the Department of Justice filed a brief with the courts that states that discrimination against members of the LGBT community is not covered under the Act. The law does spell out that discrimination against women based upon pregnancy or any medical conditions related to such is unlawful. However, it does not mention any type of discrimination based upon sexual preference.

  • Save To Favorites
  • Print This Page
  • Email Us
  • Site Map