Employees returning to work after an injury sometimes encounter an unexpected problem: their employer decides that a medical restriction means they can no longer perform their job.
But a medical report does not necessarily give an employer a free pass to terminate an employee. A federal court’s decision in Narayan v. Compass Group USA, Inc.
The Law Office of Arkady Itkin Blogs
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Is Your Employer Actually Aware Of Your Disability?
One of the fundamental requirements of a disability discrimination claim is that the employer knew, or reasonably should have known, that the employee had a disability. For obvious reasons, an employer cannot be held liable for discriminating on the basis of a disability it did not know existed.
An employer “knows an employee has a
Proving PERB Retaliation Claims in California
In most retaliation cases, the California Public Employment Relations Board (PERB) applies the framework established in Novato Unified School District (1982) PERB Decision No. 210 (Novato USD).
Under the Novato USD framework, the charging party must first establish a prima facie case by proving four elements: (1) The employee engaged in an activity protected by
Wrongful Termination: Why the “Bad Facts” Matter
In almost every California employment case, the employee and the employer have very different explanations for what happened. An employee may believe that he was fired for discriminatory or retaliatory reasons. The employer will claim that the same employee was fired for performance issues, poor attendance, misconduct, or a combination of the above reasons. Whether