Unfortunately, many do not know that the Family Medical Leave Act (FMLA) provides up to 26 weeks of job-protected leave for those who are caring for an injured soldier, seaman, airman, guardsman, reservist or other military personnel. While six months may not seem like nearly enough time for those caring for amputees or other seriously wounded warriors, it is at least a start for those employees that qualify.
]]> Employees must work for a company with 50 or more employees within a 75 mile radius and have worked for their company for at least 1250 hours in the last 12 months to qualify for FMLA leave. If you have been denied FMLA leave or fired after taking time off to care for a wounded warrior, you may have a legal claim against your employer. An employment lawyer in your area who is familiar with the application of FMLA medical leave to family caregivers of military personnel can answer your questions about your legal rights.For returning servicemen and women, the Uniformed Services Employment and Re-Employment Rights Act (USERRA) protects your right to return to work after coming home from a military deployment.
Source: Military.com, "Caring for a Wounded Warrior? You're Fired!"
]]>In her employment discrimination lawsuit, Christine Hougan asserts that she was sexually harassed and physically intimidated by the police chief. She was fired in 2012 after 20 years of working for the City in both full- and part-time positions.
]]> Hougan claims that the police chief had made inappropriate comments about his feelings for her and had used his physical presence to intimidate her on more than one occasion. She claims in her lawsuit that she was unfairly fired from her dispatch position 11 months after handling a tough call but being denied any counseling support to work through it.Her husband, John Hougan, filed a separate suit against Newport Beach for wrongful termination and retaliation. He was fired for arguably questionable reasons after testifying in a former colleague's lawsuit against the City. Prior to his testimony, Hougan had received glowing reviews for his work with the police department. After his testimony, he was demoted at least twice and was targeted for internal investigations at least three times, according to his suit.
Hougan filed an appeal of his termination with the Newport Beach Civil Service Board, but has since withdrawn his appeal.
This has already been a rough year for the Newport Police Department. At least three other former officers have filed employment discrimination suits against the NBPD recently.
Source: L.A. Now, "Ex-Newport Beach dispatcher claims sexual harassment by chief in suit," May 3, 2013
]]>Richester is fighting back against his former employer. He has filed an employment discrimination lawsuit claiming age discrimination and is seeking damages for the four years of employment he lost, along with other damages. Richester had intended to retire at 67, but left the district at 63 after three years of harassment, discrimination and feeling targeted for discipline.
]]> In his employment discrimination lawsuit, Richester claims that he was treated differently than his colleagues simply because they were younger than he is. In several instances, Richester was singled out for discipline - sometimes very public discipline - but his coworkers were not, despite having worked together in the questionable incidents.Richester responded to an instance of inappropriate sexual conduct on campus with another security officer, eventually detaining the male student involved. After reporting the incident to an Associate Principal, the administrator vouched for the student's integrity and did nothing about it. Instead, Richester was reprimanded in front of several students for what the administrator was calling racial profiling. The other security officer with whom he confronted the student was left completely out of the discipline process. That officer was 41.
Both the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) protect employees from age-based discrimination in the workplace.
Source: The Sun, "Former chief security officer of Lawndale High sues for age discrimination," May 4, 2013
]]>The bill currently does not require employees to accept comp time in lieu of overtime pay rates, but does offer the choice of accruing additional time off rather than a higher hourly payout. An employee would have to affirmatively choose comp time rather than overtime pay for any hours worked over 40 hours in a week and could change the agreement at a later date if he or she chose to do so.
]]> The bill is called the Working Families Flexibility Act and would bring private sector workers more closely in line with public sector workers who already have the option to accrue comp time rather than receive overtime pay. Supporters of the bill assert that it will give working families more available time for necessary work absences, such as when a child gets sick and must stay home from school or daycare.Opponents of the view take a less starry-eyed view of the potential change in overtime pay requirements. House Whip Steny Hoyer explained that the bill is a roundabout way of getting out of paying the hourly premium required for overtime work. When given the choice between offering overtime to a worker who will accept comp time as payment versus a worker who still wants to receive overtime pay, Hoyer noted that most businesses will choose the person who will work for "free," or, in other words, in exchange for comp time.
Source: Times Dispatch, "House passes Cantor-backed measure on comp time," May 9, 2013
]]>Former officers should have received a letter from LAPD's Gerald Chaleff detailing the steps that must be taken to request a formal review of termination. A former officer requesting review of his or her termination must submit documentation as to why the personnel file should be reviewed within two months of receiving the letter from Chaleff.
]]> The review comes on the heels of the murder-suicide rampage by a former LAPD that gripped Southern California earlier this year. Christopher Dorner claimed that he had been wrongfully terminated by the LAPD three years ago and that the department was plagued by racial bias and favoritism.Dorner killed four people and injured three others until he was found dead near Big Bear; reports of the manhunt cite the cause of his death as suicide.
While no one is calling Dorner a hero for his violent actions, many are agreeing with his statements of corruption within the LAPD. The disciplinary review system, called the Board of Rights, are just extensions of the Chief rather than impartial review panels.
The LAPD has notified all former officers that it is unable to reinstate those who were fired from the department more than three years ago, based on the city's charter. If you have concerns over your rights after being let go from your job for illegal reasons, an employment lawyer in your area can help you understand if you have a legal case against your former employer.
Source: Los Angeles Times, "After Dorner claim, other fired LAPD cops want cases reviewed," April 29, 2013
]]>Hanchett returned to the police department earlier this month, taking on a new role as a Detective. The settlement includes payment for:
Throughout the case, Hanchett's dedication to law enforcement was apparent; her goal was to return to the job that she enjoyed and she was able to do so.
]]> Hanchett is one of two female officers employed by the San Fernando Police Department. She asserted in her lawsuit that she was subjected to harassment based on her gender and sexual orientation. She referenced several occasions when she was referred to derogatorily as "sausage" by coworkers at the police department.Hanchett exposed serious issues with protocol at the department that may have contributed to the death of an inmate in 2011. There was no indication as to whether the City would separately follow up on the information presented about individual officers' wrongdoing in the lawsuit.
Source: The San Fernando Valley Sun, "$700,000 Settlement Will Be Paid To SFPD Sgt. Nichole Hanchett," April 11, 2013
]]>Many point to California when extolling the virtues of disallowing non-competes in employment contracts. The success of Silicon Valley may very well be in the ability of highly-skilled employees to move between companies to find the right fit for themselves and their employers, rather than being artificially restricted to one employer in the area. Employees who are able to move are also able to share ideas and spread innovation moreso than those who are restricted by a non-compete.
]]> Elsewhere in the United States, non-compete agreements are typically enforceable if they are limited by time and geography. That means that a non-compete that intends to restrict a former employee from taking similar work in a specific territory for a year or two may be enforceable whereas a five year or lifetime restriction generally will not be enforceable.California does place limits on an employee's ability to legally share information with a new company in the same industry. Trade secrets remain protected; a former employee cannot simply divulge all of that company's operating secrets to a new company when he or she changes jobs.
Source: Thomson Reuters News & Insight, "Analysis: Unleashing job hoppers could give economy a bounce," April 25, 2013
]]>Peart was approved for short term disability, but her request for time off because of pregnancy-related complications was not well received the by the Human Resources Manager. According to Peart's complaint in her pregnancy discrimination lawsuit, he told her that her pregnancy was not his problem.
]]> Peart also asserts that the HR manager told other members of the law firm that she was fired for taking time off while she was suffering from morning sickness. Peart is asserting a claim under the federal Pregnancy Discrimination Act.Under federal law, an employee or prospective employee is protected from discrimination based on pregnancy in hiring and firing decisions. Employers cannot treat an employee who is disabled by a pregnancy-related condition any differently than another employee. In this instance, Peart was not entitled to job protected leave under the Family Medical Leave Act (FMLA), but if the law firm allowed other employees who had been disabled before becoming eligible for the Act's protections to take disability leave, then she must be granted the same opportunity.
Peart is also seeking damages for wrongful termination.
Source: Blog of the Legal Times, "Fired Latham Secretary Alleges Pregnancy Discrimination," April 22, 2013
]]>According to the lawsuit, which was initially filed in New York and requested $250 million but was later withdrawn and refilled in California, de la Rua claims that he convinced Shakira to record her famous hit "Hips Don't Lie." That success of that song led to a $300 million deal with Live Nation. De la Rua claims that he was instrumental in building Shakira's musical brand.
]]> De la Rua also claims that he was instrumental in the creation of "Waka Waka," which became the 2010 World Cup theme song. For his behind-the-scenes work in inspiring and motivating Shakira, de la Rua believes he is entitled to $100 million.Shakira does not deny that de la Rua was at some point, her employee in the music business. But, the singer claims that she was already an international star before she met de la Rua and that he should not be paid anymore for work that had already been done, i.e. launching her musical career to the heights it is at today. Shakira is a judge on the hit show The Voice.
Source: Entertainment on Today, "Shakira sued for $100 million by ex-boyfriend," April 17, 2013
]]>EDSI was also required to remove any negative performance reviews from both employees' personnel files and to provide positive recommendations to future employers when asked about both the male and female's employment history.
]]> A female technical assistant for EDSI was the subject of derogatory comments by management after informing her superiors of her pregnancy. She suffered from severe bouts of nausea during her pregnancy and asked to be moved closer to a bathroom. Her request for an accommodation for her pregnancy-related disability was denied.After giving birth, the female employee took time off for maternity leave. During her leave, her position description was modified to require that she carry live ammunition in the course of doing her job. She was terminated while on leave for not meeting the newly-created requirement.
The woman's husband also worked for EDSI, as a lead engineering technician. He participated in his wife's pregnancy discrimination investigation against the company, resulting in his own demotion and eventual termination.
The Civil Rights Act and the Americans With Disabilities Act protected the female employee during her pregnancy and after childbirth. Workers are also protected from retaliation for asserting employment rights guaranteed under federal and state law.
Source: EEOC, "EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit," April 15, 2013
]]>Davis filed a complaint with the California Department of Fair Employment and Housing (DFEH), alleging that his being overlooked for the promotion was because of the color of his skin. He claimed that Fox Sports was illegally discriminating against him based on his race.
He's now had enough. Davis filed an employment discrimination lawsuit against Fox Sports just last week.
]]> In his lawsuit, Davis asserts that there is a glass ceiling on promotion potential for black employees at the network. They are never allowed to climb the ladder too high, according to the suit. He also notes that, to his knowledge, a black person has never held a VP position in the 19 years of Fox Sports' exisitence, or any higher position, for that matter.Davis had been out of the office on a leave of absence earlier this year when Fox Sports decided to let him go permanently. The termination followed his filing of a racial discrimination complaint with the DFEH, although there's no exact information as to how close in time he was fired to the when he filed the complaint.
Source: Hip Hop Wired, "Fox Sports Executive Sues Company Over Racial Discrimination," April 8, 2013
]]>But, under increasing pressure to control the City's budget - the program had run up annual bills of $10 million in the last several years - the unused-sick-leave-payout program was discontinued by the City. But Lorie Deisenroth, a now-retired former San Jose employee who had intended to use her sick leave payout to help pay for her children's education, fought back.
]]> She filed suit against the City, asserting that she was entitled to the $28,080 that she had banked over her career and that the City was illegally withholding a benefit from her that had already vested. The Santa Clara County Judge who heard the case agreed and has ordered the City to pay Ms. Deisenroth the full value of her unused sick days.Neither side has said that they would appeal the decision. The City asserts that the decision does not challenge their right to end the sick-leave accrual program, which was its goal in the first place. It will likely have to honor sick leave that has already been accrued under the existing payout plan but may be able to cap the rate at which it will be paid.
The police and fire unions have negotiated their own sick-leave payout program, separate from what was at issue in Deisenroth's case. Police officers agreed to cap the rate at which sick leave would be paid out as well as to halt the accrual of additional sick time.
In the private sector, sick leave is typically considered a use-it-or-lose-it benefit.
Source: Mercury News, "Judge says San Jose owes retired librarian $28,000 for unused sick leave," April 10, 2013
Morton's employment discrimination lawsuit follows at least two others already filed against Newport Beach for problems within the police department. Former Lieutenants Lt. Steve Shulman and Craig Frizzell have also filed suit against the NBPD and the City.
]]> Robert Morton's lawsuit claims that he was unfairly targeted because he spoke up, through the City-created grievance procedure, about illegal practices within the police department. Morton blew the whistle on double-dipping within the police department by former Chief Bob McDonnell and others through questionable side deals.Although the City asserts no wrongdoing related to Morton's career with the police department, Morton claims that he was harassed, discriminated or retaliated against as far back as 2005. His retirement, Morton claims, was prompted by a perceived demotion to a less coveted role within the department.
Morton's damages as a result of the alleged employment discrimination and retaliation total at least $500,000 according to the complaint. Part of that calculation is the lost wages he did not have an opportunity to earn because of the questionable promotion practices as well as the lost benefits in retirement that would have come with making it to captain while a member of the force.
Source: The Daily Pilot, "Retired officer sues Newport Beach Police Department," April 1, 2013
]]>Two women - one who formerly worked for the LAPD and one who is still an officer for the department - will share a $1.25 million settlement that was recently approved by the City of Los Angeles. The women asserted that they were both repeatedly sexually harassed by their LAPD supervisor.
]]> Retired Officer Linda Gotham and Officer Lynn Whitey claimed that they were sexually harassed at least in part because of their sexual orientation. Both are openly gay. The women both repeatedly dealt with inappropriate comments from their supervisor in the Van Nuys division.The LAPD seems to be in the news frequently related to payouts in employment discrimination and harassment claims and lawsuits. In the last 10 years, the City of Los Angeles has paid out close to $45 million dollars on employment discrimination and harassment claims coming from the LAPD. Six and seven figure verdicts and settlements have become what seems to be the norm from a department tasked with protecting the rest of us from illegal actions.
Source: Los Angeles Times, "Lesbian LAPD officers settle harassment suit for $1.25 million," March 20, 2013
]]>According to Mayor Bloomberg, the proposed requirement that businesses with 20 or more employees must provide paid sick leave is just too much of a burden on small business to pass. There is a possibility that the City Council will amass the two-thirds support needed to override the Mayor's veto, making paid sick leave a requirement starting in 2014.
]]> Most California employers have opted into providing the state-sponsored State Disability Insurance Plan (SDI). This plan provides partial wage replacement for workers who must take time off for medical reasons or for the birth or adoption of a child. If you need to take leave from work to care for a family member, you may be eligible for Paid Family Leave benefits.Workers who must reduce the amount of time that they work during a week by the order of their treating physician may be eligible for partial wage replacement under the SDI program. If you are making less per week because of the reduced schedule - meaning you have suffered a loss of wages - then you may have a State Disability claim.
Any paid sick leave benefits from your employer may affect the amount you are able to claim from the State Disability Insurance program. If you are receiving your normal pay through sick leave time off, you will not be eligible for SDI. But, if the sick leave benefits you receive are less than your full paycheck, you may be eligible for partial wage replacement through SDI.
Source: BusinessWeek, "Mayor Bloomberg Says He'll Veto Measure Mandating Sick Leave," March 29, 2013
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