Many employees believe in doing what is right and move to report questionable activity by their superiors without fear of retaliation. Unfortunately, some employers fire workers who speak up in an effort to keep any claimed unlawful conduct quiet and/or in retaliation for prior acts. A California woman who worked for the San Francisco Police Department asserts that she was the victim of a wrongful termination after reporting an incident that appears to have violated department policy.
All employees are fully entitled to a workplace that does not discriminate against them of the color of their skin. This applies to all companies, large or small. California employees who believe that they have been subject to a wrongful termination may choose to fight back against the company for any illegal practice.
When a terminated employee advises the employer that there could be a suit for wrongful termination, it's probably unwise for the employer to first file against the employee, demanding that the court declare that the employer is correct in its position. That's generally an improper way to respond to a terminated employee's claims in an employment dispute, and one which recently failed miserably. A federal judge in California recently dismissed a lawsuit filed by a former employer against two teachers that the employer fired on religious grounds.
American workers spend a large percentage of our waking lives within the workplace. Because we give so much of our time to our jobs, we expect to be treated fairly and compensated in the manner laid out by our employment agreements as well as California law. When workers do not receive the compensation that they have earned, many try to handle their workplace dispute through the channels within their company. When those efforts fail, the employee is left with little choice but to turn to litigation to rectify the matter.
San Jose voters thought that the pension issues that have been in dispute between the San Jose Police Officer's Association and the City Council had been resolved when they approved the Measure "B" pension reform proposition. The measure was passed in June 2012, having received 70 percent voter approval. However, a new law suit has been filed that may affect this and another employment dispute litigation currently awaiting decision in Santa Clara County Superior Court.
In the 21st century, it would be nice to believe that our society has evolved to a point where employees are paid fairly for the work they perform. To most people, this means an hourly wage that meets or exceeds the state and federal minimum.
Last week we discussed the ever-changing employment law landscape and how dynamic laws can be confusing for employers and employees alike. Keeping abreast of the latest developments in the state legislature can help workers and their bosses avoid unpleasant surprises down the road when they take a certain action only to learn that the rules have changed.
Employment law is constantly changing, creating a dynamic employment landscape that is constantly adapting and evolving. This can sometimes make it difficult for both employees and employers who may be caught off-guard by new laws that may affect their everyday operations.
Last week we talked about some of the unique employment law challenges faced by domestic workers in California, such as low pay, a lack of health insurance and other benefits and the isolating nature of domestic work. These all make domestic workers vulnerable to employer misconduct, a problem that has too long been ignored.