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Court Cannot Reject Employee Declaration if it Contains Facts…

  • May 12th, 2015 | 
  • California Employment Law

Court Cannot Reject Employee Declaration if it Contains Facts, as Opposed to Only Conclusions, Merely Because the Employee’s Declaration is “Self-Serving.” The Ninth Circuit Court of Appeal withdrew an opinion it filed on February 25, 2015, replaced it with an amended opinion, and reversed the district court’s summary judgment in favor of an employer, Sears, […]

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Employees Not Required to Exhaust Administrative Remedies Before Filing a Whistleblower Claim

  • April 30th, 2015 | 
  • California Employment Law

In California, courts have been divided regarding whether an employee who seeks to file a whistleblower claim under Labor Code section 1102.5 must first exhaust his or her administrative remedies under Labor Code section 98.7 by filing a claim with the Labor Commissioner. See, e.g., Campbell v. Regents of University of California, 35 Cal.4th 311 […]

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Tread Carefully When Using Social Media to Complain About Employment Conditions

  • April 14th, 2015 | 
  • The Workplace

In a recent article by James Wu, he comments on retaliation and sexual harassment under Title VII of the Civil Rights Act of 1964. While this case arguably is of limited value to California employers and employees (it was decided  by a conservative federal appeals court and the employee behaved problematically), there are lessons for employees […]

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Employer Could Fire Employee For Working Elsewhere While on Legally-Protected Medical Leave of Absence

  • March 31st, 2015 | 
  • California Employment Law

 In Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015), the plaintiff, Avery Richey,  took a medical leave of absence under the California Family Rights Act (“CFRA”) and federal  Family and Medical Leave Act after injuring his back while off-duty. About a month before he  injured his back, he began plans […]

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