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Two Common Misclassification Mistakes Employers Make in California
The post Two Common Misclassification Mistakes Employers Make in California appeared first on San Francisco Employment Law Firm Blog.
Two Fundamental Deposition Tips Every Deponent Needs To Know
Keeping in mind the two principles discussed below should be helpful to your deposition testimony on the most fundamental level, no matter who you are and no matter what type of case you are involved in:
1.Do Not Overthink Each Question You Are Asked At Your Deposition. This especially applies to the most educated and professionally accomplished deponents, who naturally…
California Remote Workers Can Sue For Discrimination In The County They Work
As one way of advancing the express purpose of the California Fair Employment and Housing Act to provide effective remedies for discrimination at the workplace, a special venue provision allows plaintiffs to file a lawsuit “in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant…
Reverse Discrimination Against US Citizens At Workplace Is Unlawful
In Rajaram v Meta Platforms, Inc. (2024), an employee sued Meta for giving a hiring preference to H1B visa holders over US Citizens. The 9th Circuit Court of Appeal held that section 42 USC 1981 prohibits employer from discriminating against United States citizens, because an employer that does so gives one class of people – noncitizens, or perhaps some group…
Disability Discrimination Claims By Salepeople Fired For “Not Meeting Goals”
A typical disability discrimination claim by a salesperson involves a situation where the employee was fired for not meeting goals due to, in whole or in part, his known medical condition / qualifying disability. The employer then terminates an employee and later argues that the termination was lawful, because meeting the sales goals of the company is an “essential function”…
Employers’ Obligations to Accommodate Religion Under Title VII
The Groff v Dejoy Postmaster General is a recent, significant Supreme Court case, which sets the employers’ obligation to accommodate employee religious practices. This case is extremely helpful to all those workers who need a religious accommodation at workplace, especially if it involves not working on certain days or holidays. In Groff, the highest Court has overturned a number of…
How Your Overconfidence Can Hurt Your Case
It’s important to recognize the reality that just about any case can be looked at from different angles, and the opposing party in your case probably feels just as strongly about them being right as you are. Too many people, who are involved in litigation, are convinced that they are 100% right, the truth is on their side, and that…
Is It Always Better To Have A Tough Lawyer?
About 10 years ago a client was unhappy when he saw me shaking the opposing attorney’s hand in court right before the hearing. The client went as far as to suspect me of colluding with the other side due to being “too friendly”. I suppose he saw too many lawyer movies which make it look like being disrespectful or downright…
Avoid This Mistake When Requesting A Religiuos Accommodation At Workplace
Under California law, when you apply for a religious accommodation at workplace – your employer is entitled to request further information to better understand the reasons behind your request. The law is not clear what information the employer can inquire about, but they are entitled to a basic follow-up, reasonably necessary to address the accommodation request. This right has to…