Employment Law

From Tom Feher, Esq. “Most people who call about a job problem assume they cannot afford a lawyer. In employment cases that is often backwards. Several California laws make the employer pay a winning worker’s attorney’s fees, and we handle these cases on contingency, so the real question is whether the case is worth bringing.

Key Takeaways Wrongful termination lawsuit payouts in California range from $5,000 to over $10 million, depending on case circumstances, evidence strength, and employer conduct The typical settlement for wrongful termination in California falls between $50,000 and $300,000, though complex cases involving discrimination or retaliation often exceed these figures California employees have won landmark cases involving

Key Takeaways Average sexual harassment settlements in California fall between $50,000 and $300,000, though cases involving physical assault, retaliation, or corporate cover-ups can exceed $1 million Economic damages, including lost wages, benefits, and future earning capacity are typically the most calculable component of your sexual harassment lawsuit payout in California Non-economic damages for emotional distress,

You generally cannot collect California unemployment while actively receiving SDI (State Disability Insurance) benefits because unemployment requires you to be ABLE and AVAILABLE to work, while SDI requires you to be UNABLE to work. After SDI ends, you may qualify for unemployment if you’re able to return to work but the job is no longer

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

From Tom Feher, Esq. “Workplace injury plus termination is a dual-track case that most lawyers handle as one or the other, leaving substantial recovery on the table. Workers’ comp covers medical and disability benefits but excludes pain and suffering. The third-party tort claim, if there is one, captures the full damages. The Labor Code 132a

You can sue for retaliation in California under FEHA and the Labor Code. What you must prove, what it is worth, and the time limits.

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