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Employment Law Blog
The Bad Reference: What Can Your Former Employer Say?
Posted by John Goffar on Wednesday, September 21st, 2011You’re fired! We have all heard Donald Trump utter this phrase on The Apprentice. But what happens when you have been fired?
What if it was for an untrue or unjustified reason? Or worse, what if you actually did something illegal or in violation of company policy that justified your termination?
Once you have recovered from the initial shock of your termination, it is time to get back out there and begin searching for a job. But with the black mark of a termination now on their record and the possibility of a bad reference, many employees are paralyzed with fear about what their prior employers are allowed to say to future employers. So what can...
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Employment Law Update: Evidence of Discriminatory Intent
Posted by Anthony Ruggieri on Monday, August 29th, 2011In a decision handed down on August 9, 2011, the Fifth Appellate District of the California Court of Appeal held that evidence regarding alleged inappropriate gender-related behavior directed toward female co-workers of the plaintiff (which occurred outside the plaintiff's presence, and of which the plaintiff was unaware) was admissible in support of plaintiff’s claims that she was sexually harassed and wrongfully terminated because of her gender.
In Pantoja v. Anton, the plaintiff filed a Superior Court Complaint against her former employer for sexual harassment and gender discrimination. Pantoja alleged she was subjected to a hostile work environment and then wrongfully terminated because of her gender. At trial, the judge granted defendant's motion to exclude evidence of alleged...
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