I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim
Continue Reading Retaliation Claims Will Be Even Easier to Allege in 2024
This post is part of Experience Matters, a series drawing on my 30+ years of defending employers in California employment litigation. The series highlights actions you can take to reduce
Continue Reading Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!
The New Rule: Employees are given whistleblower protection for lodging complaints of violations already known to the employer.
While California courts have already granted employees with broad whistleblower protection
Continue Reading ALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONS
With so many natural disasters in the news, it is no surprise that California is taking steps to protect employees who are subject to them. Last week, California’s Governor Gavin
Continue Reading California Employers Banned from Retaliating Against Employees for Refusing to Report to Work During Emergency ConditionsOne of the hottest issues in employment law is Whistleblowing.
Continue Reading Whistleblower Protections: Don’t Fire the Messenger!
So many times an employer gets in trouble for following logic instead of the law. Quite often what is logical just isn’t legal, and that can be tricky for many
Continue Reading Employment Law Bloopers and Lessons Learned
There’s a saying that “Bad facts make bad law.” At least that’s the way I was taught it. A different version: “Hard cases make bad law” has its own Wikipedia
Continue Reading 9th Circuit Lets Employee Sue Employer’s Lawyer for Retaliation
No matter which part of the political spectrum you might find yourself on, whether it be the far left, the alt right, or somewhere in between, this past weekend certainly
Continue Reading Beyond Politics — Lessons of Inclusion Relevant to All California Employers
The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issues” on On August 25, 2016. Careful readers will be able to deduce from
Continue Reading 10 Things That the EEOC’s New Retaliation Guidance Considers “Protected Activity”
The Equal Employment Opportunity Commission reports that, in fiscal year 2015, 44.5% of the charges it received alleged retaliation. That makes retaliation the most popular charge it received by a
Continue Reading Retaliation Remains the Most Popular EEOC Charge