California law often exceeds federal regulations in protecting its workforce’s employee rights. New laws supplement these protections, such as a 12-week requirement for new parent leave and a highly competitive minimum wage. One of the most important laws protects employees from wrongful termination or dismissal without cause.
A lawsuit in civil court is often a last resort after employees or former employees have not succeeded in protecting their rights with their Human Resources departments or arbitration. This can serve to compensate the victim of a discriminatory business practice or end the practice as well.
A former director at a food services corporation is alleging his previous employer fired him rather than meet his requirements after an injury. His lawsuit was filed in the San Francisco County Superior Court alleging wrongful termination, disability discrimination and other related charges.
The man had spent two months on the job when he broke his collar bone and injured his shoulder in a fall. He stated that he asked for accommodations under the Americans with Disabilities Act but the company never honored his request.
The company then allegedly subjected the director to harassment and discrimination over the injury before terminating him in retaliation for his requests. He filed the suit two months after his dismissal.
The suit seeks financial damages, back pay with benefits, penalties and legal fees as well as interest on these amounts. Similar suits have won millions in damages for harassed workers and former workers in California.
An attorney may help prepare and forward a case for wrongful termination and other labor law violations. Legal representation may help with a successful suit.
Source: Northern California Record, “Director alleges Aramark Services wrongfully terminated him,” Jenie Mallari-Torres, May 01, 2018