employment law lawyers

Pres. Trump  fired the IG for the State Department late Friday. He is required by statute to explain why. But, his letter to Congress simply said he lost confidence in Steve Linick. Yes, the old “lost confidence” rationale. The refuge of all retaliating employers. Later, when asked about the termination, Pres. Trump minimized one of

There is a federal statute which prohibits the naming of an Intelligence Community whistleblower. I previously wrote about that federal statute here.  The statute specifically prohibits the Inspector General for the Intelligence Community from naming any whistleblower. See 50 U.S.C. Sec. 3033(g)(3)(A). But, the law probably also prevents any federal official from naming a

It is extremely rare for the U.S. Supreme Court to overturn one of its prior decisions. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), comes to mind. But, that decision overruled the “separate but equal” ruling in Plessy v. Ferguson, 163 U.S. 537 (1896) decision. See that decision in Brown

Once again, the President has attacked a federal judge, claiming the judge is based. Judge Amit Mehta found that it was “simply unfathomable” that a Congress that is constitutionally authorized to remove the president cannot investigate that that same president. The judge was denying a request from the White House to stop a subpoena to

California started a new rule requiring lawyers to submit finger prints to the bar association. All lawyers receive a background check when they first apply to the bar association in most states. But, what happens after admission to the bar? Do lawyers generally stay clean? Well, so far the California Bar Association has learned of

Luis Cristain sustained an injury at work. His employer, Hunter Buildings and Manufacturing, fired him soon after he fell from scaffolding. Eight days later and a few days after filing a claim for worker’s compensation benefits, the employer moved him to a position where he would be supervised by Kevin Edmonds. Mr. Edmonds had already

In every civil lawsuit, we have this process known as “discovery.” One side can ask the other side for the evidence or potential evidence it possesses. For the discovery process to work, there must be some minimal level of cooperation between the two sides. That requirement allows some room for unscrupulous lawyers to ignore or

Every discrimination case involves some amount of he said/she said. Most acts of discrimination occur behind closed doors. So, the testimony will be all about a swearing match. But, that does not mean the two stories cannot be confirmed or denied. In a discrimination case, we would want to know, for example, the circumstances behind

“You get a rest break every four hours,” the seasoned warehouseman told me back in the 1970’s.  He knew everything. I just assumed he was right about this, too. But, since then, I have never seen anything in law or regulation stating that workers were entitled to a 15 minute break every 4 hours. But,

Sexual harassment cases are complicated. The legal standard is that harassment by co-workers which is “severe or pervasive” will constitute a hostile work environment – if of course, management knows about the harassment and does nothing. But, what happens when the harasser is a customer? If an employer is aware of the harassment and does