Category: Wrongful Termination

The Jackson Bill Round 2

We previously blogged about the protections to victims of domestic violence as written in SB 400 (The Jackson Bill), and now we are blogging once more about the game changing law. SB 400 has been expanded to include victims of stalking. Now, as the bill reads, “an employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to attend to any of the following:

(1) To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.

(2) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.

(3) To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.

(4) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.”

The aforementioned will take effect on January 1, 2014, as will SB 288, which extends protections to victims and those associated with victims of violent crimes. SB 288 will make it unlawful to take adverse employment action toward victims of violent crimes who need to take time off to attend court hearings. Protections extend to victims’ spouses, child, guardian, sibling, etc. as well.

Refusing To Sign A Warning Considered Misconduct!?

The Court of Appeal in Paratransit v. UIAB, tackled a common wrongfully terminated question for employees, can my employer fire me for not signing a written disciplinary notice? According the Court in the Paratransit case, the answer could be yes.

Craig Medeiros, the employee who was fired, was a union member. His negotiated union contract required his employer to obtain the signature of the employee being issued a disciplinary notice. The notices however, must include a disclaimer that states that the employee is only acknowledging receipt of the document. Continue reading “Refusing To Sign A Warning Considered Misconduct!?”

$1.5M Sexual Harassment Win For Contract Phlebotomist

Aegis-Sexual-Harassment-AttorneysA Vista Superior Court jury awarded Kimberli Hirst $1.5 million for a pattern of ongoing sexual harassment an officer of the Oceanside Police Department. Kimberli was a contract phlebotomist who took blood samples from those accused of driving under the influence. She was employed by American Forensic Nurses.

The officer accused of the sexual harassment admitted to making inappropriate and suggestive comments, however he claimed that she invited the attention. The Oceanside Police Department and the City of Oceanside claim that the contract employee never complained of the harassment and they only learned of the offensive behavior when a security guard who overheard conversations between the contract employee and the male officer. Continue reading “$1.5M Sexual Harassment Win For Contract Phlebotomist”

Hooters and Disability Discrimination

HOO Likes Some Discrimination?

Sandra Lupo had been a waitress at Hooters since 2005.  She’s 27 years old.  Recently, she had to undergo brain surgery to remove a cranial mass.  When she was cleared to return to work last July she met with her manager.  Her manager said she had to wear a wig now during her shifts.  Hooters requires female employees to “acknowledge and affirm” the following: Continue reading “Hooters and Disability Discrimination”

Sharon Stone Sued for Firing Her Injured Housekeeper

sharon-stone-suedAngelica Castillo hurt her back while loading groceries for Sharon Stone. A few months later, Ms. Castillo was placed on modified work duty as a result of her back injury and instructed to take a short period of bed rest. Sharon Stone denied her request for medical leave and told her to report to work the next day.  When Ms. Castillo arrived for work, Stone insisted she lift heavy objects despite her doctor’s warning not to do so. When Castillo reminded Stone that her doctor had placed her on modified work duty, Stone fired her.

Ms. Castillo’s wrongful termination claims include retaliation for requesting medical leave and modified cleaning duties to accommodate a work-related injury as recommended by her physician, failure to engage in the interactive process, and wrongful termination. By way of her lawsuit, Ms. Castillo is seeking general and special damages with interest, incidental and coincidental damages, punitive and exemplary damages, and costs and interest, including attorneys’ and expert witness fees, as well as injunctive relief and a declaration that Stone engaged in unlawful employment discrimination.

The case is Angelica Castillo v. Sharon Stone, Los Angeles Superior Court Case Number BC502597.