Articles Tagged with Orange County wrongful termination lawyer

A wrongful termination lawsuit 12 years in the making is finally coming to an end with a settlement of $2.2wrongful termination million for dozens of employees at Santa Barbara News-Press. National Labor Relations Board ruled the newspaper management had bargained with union members in bad faith, and determined the newspaper was responsible for costs and expenses associated with the lawsuit, according to a report from Santa Barbara Independent.

The events began in 2006 after restraints were allegedly placed on the newsroom staff as to how they handled coverage of the news. Six editors and a columnist walked out, while others tried to form a union. Management responded by firing some of the employees who sought to unionize, a clear wrongful termination case and violation of labor law. Continue reading

It’s always unfortunate when the trust between an employer and employee is broken. We see it every day in our line of wrongful terminationwork, defending employees whose rights have been violated on the job. It’s doubly hard when an employer chooses to lash out against those who take legal action to protect their rights. The good news is this kind of retaliation is not legal and you are not without options to fight back.

We saw this recently, in Orange County, where the executive assistant of county supervisor Todd Spitzer is suing him for a second time, alleging defamation that followed a wrongful termination in 2016. According to The Orange County Register, the wrongful termination lawsuit was settled last year. Now, plaintiff says her former boss told reporters and other third parties her firing was the result of incompetence, rather than a wage and hour dispute. He further allegedly told these others she refused to take necessary computer classes and implied she could not complete basic computer tasks.

Plaintiff said not only were those statements false, but they are now hurting her ability to find new employment. This spurred the second filing in Superior Court of California, County of Orange. At the time these alleged statements were made, plaintiff says she had already completed several computer classes on her own accord. The lawsuit alleges she even requested an additional computer class, a request which Spitzer rejected shortly before letting her go. It’s worth noting plaintiff worked for the county supervisor for three years by the time of her firing. It would seem one would not survive long in that role absent basic computer knowledge.

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Even within organizations whose mission is to protect the rights of others, it is possible for questionable practices that infringe on rights to taint the reputation and wrongful terminationculture of the group. San Diego Lesbian, Gay, Bisexual, Transgender Pride has been caught up in accusations and internal tensions since the dismissal of its executive director in August 2016. Now the former employee is suing the group for wrongful termination as well as age discrimination and defamation of character.

The former executive director recently filed the lawsuit in Superior Court of California, County of San Diego claiming his firing by the group’s board was personal and not based on performance or any sort of wrongdoing, according to a report from San Diego Reader. In fact, other group members and staffers were so incensed by the dismissal they demanded plaintiff be reinstated, protesting the decision at one of the organization’s monthly meetings shortly after the firing.

Particularly noteworthy to those who defended plaintiff at the time of the dismissal was the booming success of San Diego Pride under his leadership. Many credit him for the record-breaking year the group had in 2016, according to NBC San Diego, including an influx of grants and popular events. He was seen as a rising star in the organization since he joined in 2013, first as an independent contractor, quickly escalating to general manager and then executive director the next year. The board remained vague on the sudden dismissal, citing a desire to “go in a different direction,” causing more unrest among group members upset over the lack of transparency. Continue reading

Title I of the Americans with Disabilities Act requires employers to give qualified persons with disabilities reasonable accommodation for work – unless doing so would create some type of undue hardship. Generally speaking, a reasonable accommodation is an alteration of the work environment or in the way things are usually done that enables someone with a disability to have employment opportunities that are equal. doctor

This could mean:

  • An adjustment or modification to the job application process;
  • An adjustment or modification to the manner in which the job is typically performed or the work environment that gives the applicant/ worker a chance to perform the essential functions of the job;
  • Adjustments or changes that allow the worker with a disability the chance to enjoy equal privileges and benefits of employment, the same as other similarly-situated workers who don’t have a disability.

In order to trigger these rights, workers need to be able to perform the essential functions of the job and they need to request reasonable accommodation. In the recent case of Kowitz v. Trinity Health, the question was whether plaintiff made a request for accommodation that was adequate enough to trigger the interactive process of identifying a reasonable accommodation.  Continue reading

The Pennsylvania Attorney General’s office has agreed to pay $150,000 to settle the wrongful termination claim from an ex-employee who claimed whistleblower status after he asserted he was improperly fired and then defamed for recommending a top lieutenant be fired for reported sexual harassment. sad

Instead, Attorney General Kathleen Kane promoted the alleged harasser and fired the person who recommended his termination.

Now, this settlement brings the total amount paid out by Kane’s office to current and former employees for employment lawsuits to more than $586,000. There are also numerous employment lawsuits still pending for claims like slander, retaliation and wrongful termination.  Continue reading