Author name: Tom Feher, Esq.

No, you generally cannot be terminated solely for being on disability in California. The California Fair Employment and Housing Act (FEHA) and the federal ADA prohibit firing employees due to a physical or mental disability, perceived disability, or after requesting reasonable accommodation. Disability wrongful termination victims can recover back pay, front pay, emotional distress, attorney […]

To prove workplace retaliation in California, you must show (1) you engaged in protected activity (complaint, FEHA-related opposition, wage claim, or whistleblowing under Labor Code 1102.5), (2) your employer took an adverse action, and (3) a causal link between them, usually established by temporal proximity (often within 90 days), shifting reasons for discipline, or written

Yes, you can sue for retaliation in California under FEHA (Government Code 12940(h)) when your employer takes an adverse action because you opposed discrimination, filed a complaint, or participated in an investigation; under Labor Code 1102.5 when you reported a legal violation; and under Labor Code 98.6 when you raised a wage claim. You have

No, California whistleblowers cannot lawfully be fired for reporting a legal violation: Labor Code 1102.5 makes retaliation against a whistleblower illegal and shifts the burden to the employer once the worker shows the protected activity contributed to the firing. Remedies include reinstatement, lost wages (often 1 to 3 years), emotional distress damages, civil penalties up

California sexual harassment is unlawful under FEHA (Government Code 12940(j)) and applies to every employer with one or more employees as of 2019. Harassment falls into two categories: quid pro quo (job benefit conditioned on sexual conduct) and hostile work environment (severe or pervasive conduct). You have three years from the last incident to file

Yes, you can sue for sexual harassment in California under FEHA (Government Code 12940(j)) once you exhaust administrative remedies by filing with the Civil Rights Department within three years of the last incident (Government Code 12960). After receiving a right-to-sue letter, you have one year to file in court. Our practice settles California harassment cases