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July 2016 Archives

Employment law and older workers

The Age Discrimination in Employment Act was passed in 1967 and was designed to protect older workers in California and around the country from adverse actions by employers based on their age. However, the Supreme Court has steadily cut back on the law's scope since it was passed. In 2009, it ruled that to prove age discrimination, a plaintiff would have to demonstrate that age was the main reason for an adverse action as opposed to just one factor.

Wrongful termination can happen in California

The typical California worker spends forty hours or more at work each week. Many of these individuals come to work even when they are not feeling well and should probably stay home; however, there is a job to be done, and the conscientious employee wants to make sure it is done. Yet, there are instances when time off to take care of a medical condition is necessary. Laws are in place and medical leave is available in most instances to protect the individual in such cases. If a company does not follow these laws and an employee is fired for taking his or her rightful medical leave, an individual may have a case for wrongful termination.

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