Some employees may be facing unbearable conditions in their workplace. For example, you may be mistreated or receive negative pay for reasons that are not related to work ethic or face discrimination and harassment. If such mistreatment rises to a level where no reasonable person would continue in this position, your employer may be found liable for constructive discharge. In this article, we will discuss how constructive discharge is defined in California, when do you qualify for it, and what to do if you find yourself in an unpleasant situation that appears to meet the criteria of constructive discharge. What […]

Proving wrongful termination against your employer is a complex process that requires a comprehensive analysis of the individual facts and circumstances relating to the termination. Whether your claim is being litigated within an administrative venue, such as the DFEH, EEOC or Labor Board, or in a civil court or private arbitration, this article will be useful in obtaining a better understanding of the burdens of proof and types of proof and evidence necessary to proving your wrongful termination claim. This article also provides the common defenses put forth by employers in winning wrongful termination lawsuits. Burdens of Proof and Production […]

Employers may be the subject of discrimination charges based on alleged violations of several civil rights laws, including the Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Almost all California employers with 15 or more employees are covered by these laws.  Various remedies may be imposed against employers who have engaged in unlawful discrimination. The most common approach to determining an appropriate remedy is to “make whole” the individual who is the victim of unlawful discrimination. However, remedies available under certain state and federal civil rights laws are not restricted […]

We, at Crosner Legal, are here to fill employees in on what you need to know before suing your employer for wrongful termination. This article will explain the process for filing a wrongful termination lawsuit under California and federal law. It will also explain the types of actions taken by employers that generally result in wrongful termination lawsuits.  The primary steps that must be taken to sue your employer for wrongful termination are: Determine if you are an “employee” under the law Review your employment agreement to see if you are an at-will employee or have a different contractual agreement […]

Almost all California employers with 15 or more employees are covered by the major Federal employment protections for workers. These protections include Title VII, the Americans with Disabilities Act, and the California Fair Employment and Housing Act.  Employers with 20 or more employees must also follow the requirements of the Age Discrimination in Employment Act. The main purpose of these laws is to create rules against specified types of discrimination. It should also be noted that several other laws (in addition to the above four) provide further protection of civil rights in employment. In most cases, the application of these […]

If you sue a former employer for wrongful termination, you are asking the jury to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. But the jury doesn’t just hand over a big pot of cash. The purpose of monetary damages is to make you whole: to compensate you for what you lost because of the employer’s actions. You will have to prove not only that you suffered losses because of the employer’s wrongful actions, but also the amount of those losses. What Are Damages?  Wrongful termination cases are civil lawsuits. […]