San Diego Employment Attorneys GroupCalifornia Employment Law Lawyer | San Diego Employment Law Litigation Lawyer2026-06-18T07:13:38Zhttps://www.lawgrady.com/feed/atom/WordPress/wp-content/uploads/sites/1304098/2022/03/cropped-site-icon-32x32.jpgOn Behalf of San Diego Employment Attorneys Group<![CDATA[Medical leave shouldn’t be considered a performance issue]]>https://www.lawgrady.com/?p=516242026-06-18T07:13:38Z2026-06-18T07:13:38ZEmployers have to be able to count on employees to show up for work and do their job duties. The company suffers when employees don’t get their work done, which is why failing to show up or do those duties can lead to disciplinary action.
Some employees worry about how an employer will react when they have to take medical leave. When that leave is to address health issues or is protected by state or federal law, the employer can’t consider it a performance issue due to unreliability.
Retaliation is forbidden
Employees who take a medical leave that’s protected by law can’t face retaliation for the leave. This means that the employer shouldn’t make negative comments or take any negative employment actions, including lowering performance reviews, because the employee took the legally allowed time off. This doesn’t mean that an employee who’s on medical leave shouldn’t face any disciplinary measures. If there are documented performance issues outside the scope of the medical leave, the employee can still face the same disciplinary measures as any other employee who has similar performance problems.
Differentiating between retaliation and valid disciplinary measures
It can be difficult to differentiate between retaliation and disciplinary measures. In many cases, documentation by the employer is the key to determining why the discipline occurred. Employees may also opt to keep records associated with their leave, work performance and any disciplinary measures they faced. When employers don’t comply with labor laws, including those that allow employees to take medical leave, the employee may opt to take legal action. Working with someone who’s familiar with these laws and the options available for employees may be beneficial.
]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Can wrongful termination happen to at-will employees?]]>https://www.lawgrady.com/?p=516222026-06-11T23:59:36Z2026-06-11T23:59:36Zis true that at-will employees can be terminated at any time. In that sense, a working relationship is rather fragile. They do not necessarily have to be fired for cause, and some employees are let go without even being told the reason why. This does not necessarily violate their rights because they do not have an employment contract stipulating that they must be given advance notice or fired for cause.
An illegal reason
With this said, a key stipulation of at-will employment is that a termination can happen for any reason that is not itself illegal. This means it can still be a wrongful termination if an illegal reason is cited. An example could be an employee who is fired over changing their religious affiliation, for instance, or an employee who loses her job after she becomes pregnant. Another example could be if an employer fires all employees in a certain protected class, such as all female workers or all members of a certain racial or ethnic background.
When there are clear instances of discrimination, it means that a wrongful termination lawsuit may still be possible. At-will employment in no way prevents this, even though there is no employment contract in place. It is very important for employees to know exactly what legal rights they have and what steps to take if they believe they have been wrongfully terminated. Seeking legal guidance can help.]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Seeking reasonable accommodation with a dynamic disability]]>https://www.lawgrady.com/?p=516202026-06-05T17:03:12Z2026-06-05T17:03:12ZMost people know that employers are required to provide “reasonable accommodation” to employees with disabilities or medical conditions so that they can do their jobs. By “reasonable,” the law means an accommodation that can be made without causing “undue hardship” to the employer.
Too many people are hesitant to make these requests or fear they’ll be denied because they have what’s commonly referred to as a “dynamic disability.” That essentially just means that it doesn’t consistently affect them the same way. They may have good days and bad days or “flare-ups,” for example. Conditions like multiple sclerosis (MS), as well as lupus, arthritis and other neurological and autoimmune disorders, are often considered dynamic disabilities. Many mental health conditions, like bipolar disorder and depression, can be highly dynamic as well.Employers have just as much responsibility to provide reasonable accommodation to those whose condition can vary from one day to the next as they do to someone whose condition is static – for example, someone who is blind, deaf or permanently paralyzed.
How much information can an employer require?
Employees aren’t required to provide details about their disability when they seek reasonable accommodation. However, it can help to let an employer know that they can’t predict when they’ll need the requested accommodation. For example, a person with MS may need to use a cane some days but not others. They may have days when they can’t walk at all.An employer does have the right to confirmation from a doctor of an employee’s legitimate need for specific accommodations. They’re not required to name the condition or go into any detail about it. However, it may help if they note the dynamic nature of the condition.Every situation is highly unique. That’s why employees must know their rights as well as what information a prospective or current employer can require. It’s typically best when employees and employers can work together to find a solution that is reasonable for everyone. If an employer refuses to do that, retaliates against an employee for seeking reasonable accommodation or allows or participates in discriminatory behavior based on a person’s disability or medical condition, it may be necessary to get legal guidance to determine the best course of action.]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[The complexities of social media defamation]]>https://www.lawgrady.com/?p=516162026-05-30T18:52:25Z2026-05-30T18:52:25Zcould be considered defamation if a former employer is intentionally making untrue statements that harm that employee’s reputation.
To that end, it is important to consider the impact of social media defamation. This is typically treated as libel because it is a written statement that can be read by a wide audience. Social media has made it easier than ever for information—and misinformation—to spread to large groups of people, meaning it can have an even greater impact on a person’s career than other types of defamation.
How does social media defamation happen?
In some cases, it could happen on professional types of social media, such as LinkedIn. A person may quit their job and pursue future employment, when a former employer begins commenting on their LinkedIn posts. That employer could make inaccurate statements about the employee that are visible to other prospective employers, making it harder for them to get another job.
The same thing could also happen on other public types of social media, such as Facebook. Many businesses have profiles, even if this is not an exclusively professional setting. But defamation on Facebook could spread to hundreds or even thousands of viewers within a person’s network, some of whom could be other professionals, business owners or executives.
Your legal options
Do you believe that you have been defamed by a former employer who has done significant damage to your reputation and your career? Whether this happened in person, on the phone or on social media, you need to know exactly what legal options you have.]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Can workers sue former employers for defamation?]]>https://www.lawgrady.com/?p=516132026-05-22T14:36:18Z2026-05-22T14:36:18ZLeaving a job voluntarily can be exciting, while losing a job unexpectedly may inspire financial and emotional stress. In either scenario, former employees of any particular company may be pulled back into the challenges of their “old” working life if they believe that an employer has been spreading false statements about them since their departure.
False statements that damage one’s reputation or interfere with future job opportunities can be distressing and financially consequential. Thankfully, under California law, workers may sometimes have the right to pursue legal action for defamation against a former employer when circumstances like this unfold.
Taking action when false statements cause harm
Defamation generally involves false statements presented as fact that harm someone’s reputation. Defamation may take the form of spoken statements, known as slander, or written statements, known as libel. In the employment context, this issue often arises during reference checks, internal company communications or statements made after a worker leaves the company.For example, a former employer may falsely accuse a worker of theft, dishonesty, harassment or poor performance when speaking to potential employers. If those statements are untrue and cause the worker to lose employment opportunities or suffer reputational harm, legal claims may become possible.California employers do enjoy certain protections when discussing former employees. In many cases, employers may lawfully provide honest evaluations, discuss job performance or explain why an employee was terminated. The key issue is whether the statements were knowingly false, misleading or made with reckless disregard for the truth.Defamation claims can become especially serious when employers act out of retaliation or malice. For instance, an employee who previously reported discrimination, wage violations or harassment may later discover false rumors circulating after termination. In some situations, negative statements may be used to discourage the worker from pursuing legal claims or finding new employment.Workers pursuing defamation claims generally must show that the false statements were communicated to others and caused measurable harm. This harm may include lost job opportunities, financial losses or damage to professional reputation.Because California employment law and defamation law can overlap in complicated ways, workers should avoid assuming they have no options if a former employer spreads false information. An experienced California legal team can help to provide clarity and support if a worker chooses to take action after better understanding their options. ]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Can employers force workers to install apps on their phones?]]>https://www.lawgrady.com/?p=516122026-05-16T14:19:36Z2026-05-16T14:19:36ZMandating the installation of an app is lawful
While it may feel quite invasive for an employer to require that workers install a company app or a workplace app on their own phones, nothing in state statutes or prior court precedent technically prevents an employer from doing so.
However, forcing an employee to treat their personal technological devices as a work tool makes the employer responsible for covering a portion of the worker’s mobile phone plan. The law in California requires that employers reimburse workers for any mandatory job-related costs.
Some companies bypass this obligation enshrined in California state statutes by providing workers with separate phones that they must carry for employment purposes. Provided that they appropriately reimburse workers for a reasonable share of their mobile service costs, employers can mandate the installation of specific apps and penalize workers, possibly by terminating them, for non-compliance.
Reviewing an employer's questionable practices with a skilled legal team can help private sector workers determine if a violation of their rights has occurred. Policies that feel invasive may require the review of an attorney so that employees can effectively assert themselves in the workplace, and in court (when necessary).]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Facing harassment at work because of whistleblowing? What to do]]>https://www.lawgrady.com/?p=516112026-05-09T16:54:27Z2026-05-09T16:54:27ZReporting misconduct at work can place employees in difficult and stressful situations. Many workers fear losing their jobs, being isolated or facing unfair treatment after speaking up about illegal or unethical behavior.
California whistleblower laws provide protection for employees who report wrongdoing in the workplace. These laws are designed to encourage transparency while helping workers take action without fear of retaliation.
Understanding whistleblower protections
California law protects employees who report violations involving fraud, workplace safety, discrimination, harassment, financial misconduct, or other unlawful conduct. Protections may apply whether the report is made internally or to a government agency.Retaliation can take many forms, including demotion, reduced hours, intimidation, threats, negative evaluations or termination. Employers are generally prohibited from punishing workers for reporting suspected violations in good faith.
Documenting workplace harassment
If you experience harassment after reporting misconduct, keeping records can be extremely important. Save emails, text messages, meeting notes, disciplinary notices and any communication connected to the situation.You should also document dates, times and details of incidents involving supervisors or coworkers. Organized records may help establish patterns of retaliation or unfair treatment over time.
Reporting concerns internally
Many workplaces have internal reporting procedures through human resources departments, ethics hotlines or compliance teams. Following company procedures may help create an official record of your concerns.When making reports, keep communication professional and factual. Avoid emotional confrontations and focus on the specific conduct or policy violations involved.
Understanding possible legal remedies
California employees who face retaliation for whistleblowing may have options to seek compensation or workplace remedies. Depending on the circumstances, this may include reinstatement, lost wages or other financial recovery.
Protecting yourself moving forward
Workplace retaliation can affect your career, emotional well-being and financial stability. Acting early and staying informed can help you respond more effectively if problems escalate.Seeking reliable legal guidance can also help you understand your rights, protect your position and evaluate the best steps for your situation under California law.]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[Workplace discrimination lawsuits: What damages can you recover?]]>https://www.lawgrady.com/?p=516102026-05-04T09:42:10Z2026-05-04T09:42:10ZIf you’ve experienced discrimination at work, you’re not just dealing with a frustrating situation. You may have a legal claim with real financial consequences. California law allows you to seek compensation for what you’ve lost or endured as a workplace discrimination victim.
Understanding the types of damages available in a workplace discrimination lawsuit can help you make informed decisions and protect your interests as you navigate the legal process.
Financial losses
You can recover back pay from the moment the discrimination occurred. This includes wages, bonuses, and any lost benefits. If you were wrongfully terminated, you may also be entitled to front pay, compensating you for future earnings you missed out on.
Emotional distress
Workplace discrimination doesn’t just hurt your wallet. Your mental and emotional well-being may also be affected. Victims often end up dealing with anxiety, depression and the psychological weight of being looked down upon. As such, courts and juries take emotional distress seriously in workplace discrimination cases, especially when well supported by medical records or other credible evidence.
Punitive damages and legal fees
If your employer’s conduct was especially malicious or reckless, courts may award punitive damages. These damages aren’t tied to your actual losses. They exist to punish the employer and deter future misconduct by other employers. You may also be entitled to recover attorney fees and the legal costs related to the lawsuit if you prevail.
Legal guidance is essential
Every discrimination case is unique, and the damages you can recover depend on the specifics of your situation. Additionally, in most cases, you must follow due process before filing a lawsuit and observe specific deadlines. Reaching out for qualified legal support can help you understand how the law works and what you can do to position your case for a desirable outcome.]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[What happens when you file a complaint against your employer?]]>https://www.lawgrady.com/?p=516092026-04-24T21:07:40Z2026-04-24T21:07:40ZEmployees who are being subjected to discrimination, harassment, retaliation and other illegal employment actions will have to decide how to handle the situation. This decision isn’t always easy because they may not want to lose their job or battle against their employer. One of the most important things to do in these cases is to learn the options and how each works so an informed decision can be made.
Filing a complaint against an employer is a serious step, and it’s usually a final resort for many employees. Once the complaint is filed, it will go through a host of stages until the matter is resolved.
How does the process work?
The first step of the complaint process is usually administrative. The agency looks into the complaint to determine if it has authority over the issue. It will also determine if the filing appears complete enough to move forward. If the agency determines both of these are true, the employer is notified and given a chance to respond. In some cases, the employee and employer will enter mediation to try to come to an agreement about how to resolve the matter. This may occur before the investigation is completed, but it may offer a faster resolution. If mediation doesn’t happen or resolve the matter, the agency overseeing the complaint will continue the investigation. This might include reviewing records, conducting witness interviews and collecting any relevant information. With that information, the agency will decide how to proceed, which can include enforcement, giving the employee the right to continue the case in court or closing the case. Taking action for an employment violation can be challenging. It may be beneficial for employees who need to take this step to have someone familiar with these matters to assist them.
]]>On Behalf of San Diego Employment Attorneys Group<![CDATA[First steps to take as a victim of workplace discrimination]]>https://www.lawgrady.com/?p=516082026-04-14T11:55:57Z2026-04-14T11:55:57ZWorkplace discrimination can affect your confidence, performance, and overall well-being. It may come in different forms, including unfair treatment, exclusion or inappropriate comments based on personal characteristics.
Taking early action is important. Also, understanding what steps to follow can help you protect your rights and address the situation in a clear and more structured way.
Recognize and document the behavior
The first step is to clearly identify what is happening. Pay attention to patterns of behavior that seem unfair or targeted. Ensure you keep a detailed record of each incident, including dates, locations, people involved and what was said or done. This documentation can be very helpful if you need to take further action.
Review company policies
Most workplaces have policies that address discrimination and improper employee conduct. Take enough time to read your employee handbook or internal guidelines. Understanding these policies helps you know the proper reporting process and what protections are available to you within your organization.
Report the issue internally
Inform your supervisor, human resources team or designated contact person about the situation and provide clear details based on your records. Proceed to request that the matter be formally reviewed since many organizations are required to investigate complaints and take appropriate action.
Request written documentation
When you report the issue, ask for written confirmation of your complaint. This may include an official report or acknowledgment from your employer.
Protect yourself moving forward
Continue documenting any new incidents and maintain professionalism. Ensure that you focus on your responsibilities while ensuring you are taking steps to safeguard your rights and well-being.Addressing workplace discrimination requires careful documentation, clear communication and awareness of your rights. Seeking reliable legal guidance can help you understand your options and move forward with confidence.]]>