Articles

When an Employer Digs Into Your Past After Firing You Key Takeaways: The after-acquired evidence defense is an employer’s claim that misconduct discovered after an adverse action, such as résumé fraud, would have justified the decision anyway. In California, this is generally not a complete defense to FEHA retaliation claims;

Weighing Your Options When Your Job Is Falling Apart Key Takeaways: In California, waiting to be fired generally preserves more legal options than quitting, because termination is typically a clear adverse employment action while resignation may shift the burden onto you to prove constructive discharge under a narrow, objective standard.

Asking for Help at Work Should Not Cost You Your Job Key Takeaways: It is unlawful in California to punish a worker for requesting a disability accommodation. Cal. Gov’t Code § 12940(m)(2) makes retaliation for an accommodation request a standalone FEHA violation, regardless of whether the request was granted. Employers

Why Timing Matters More Than Ever in California Retaliation Cases Key Takeaways: California’s SB 497, effective January 1, 2024, created a rebuttable presumption of retaliation when an employer disciplines or discharges an employee within 90 days of protected activity under Labor Code §§ 98.6, 1102.5, and 1197.5. This shifts the

The California Law That Changed How Harassment Cases Are Judged Key Takeaways: California Government Code 12923 directs courts to apply FEHA harassment standards in ways that protect employees. It confirms a single incident of harassing conduct can create a triable hostile work environment issue when that conduct unreasonably interfered with

The Document That Unlocks Your Right to Sue in California Key Takeaways: A CRD right to sue letter is formal notice from the California Civil Rights Department confirming you may file a FEHA discrimination, harassment, or retaliation lawsuit in court. California workers must first file a CRD complaint and obtain

Your Right to Speak Up About What Happened to You at Work Key Takeaways: California’s Silenced No More Act (SB 331), effective January 1, 2022, limits employers’ use of nondisclosure and non-disparagement provisions that would stop workers from discussing conduct they reasonably believe is unlawful. It expanded FEHA protections beyond

When Quitting Your Job Is Legally Treated Like Being Fired Key Takeaways: Constructive discharge under California employment law occurs when an employer creates or permits working conditions so intolerable that a reasonable person would have no alternative but to resign, treating that resignation like a termination. CACI No. 2510 requires

When Asking for Help at Work Turns Into a Legal Issue Key Takeaways: The FEHA interactive process is the timely, good faith dialogue California employers must have with employees who request accommodation for a known disability. Government Code § 12940 creates two distinct duties: providing reasonable accommodation under subdivision (m)(1)