Wrongful Termination

 The First Amendment protects religious freedom and, because of that important right, religious institutions are entitled to an exemption from civil rights statutes that govern employment discrimination.  This principle was at the core of two important decisions, one from the U.S.

An employee who makes unauthorized use of an employer’s computer equipment is subject to civil and criminal liability under the federal Computer Fraud & Abuse Act (“CFAA,” 18 U.S.C. §§ 1030). Needless to say, the key issue is wither a given use is “authorized.

When a collective bargaining agreement contains a clause setting forth time limits for disciplinary action, courts will apply it, even if it means reinstating an employee who has been terminated for sexual harassment.  This was the holding in the case of City of Richmond v.

Title VII of the Civil Rights Act of 1964 (42 USC section 2000d) prohibits employment discrimination based on race, color, religion, sex or national origin. But in order to state a claim, the plaintiff must be an employee.

One of the most troubling issues in employment litigation is the type of proof a person needs to present in order to prove discriminatory prejudice.

Covenants not to compete are invalid in California, except in very specific circumstances recognized in sections 16600-16602.5 of the Business & Professions Code.

Sometimes one employee learns of racially-motivated harassment visited upon another employee.

In Holman v. Altana Pharma US, Inc., the Court of Appeal has ruled that in the employment discrimination litigation context, a trial court has discretion when awarding costs to “scale” the cost award to account for the modest resources of the party that the award will be imposed upon.

Nelson Anthoine, a low-level employee of the North Central Counties Consortium, jumped the chain of command to report directly to the consortium’s chairman that his immediate supervisor had misrepresented the status of the consortium’s compliance with legal obligations.

An interesting problem arises when employees of religious organizations contend they are entitled to overtime. If the person is an “ordinary” employee (such as an office secretary), overtime laws may well apply.