SLAPP Motions Are Effective Ways to Dispose of A Frivolous Case Without Having to Go Through Trial The term SLAPP is an acronym for Strategic Lawsuits Against Public Participation. A SLAPP motion refers to a “special motion to strike” under the anti-SLAPP statute that seeks to dismiss a civil lawsuit at an early stage in the litigation so that the sacred rights of petition and free speech are not chilled by costly … Read More
What happens if my employer terminates me for both discriminatory reasons and also performance problems?
This year, the California appellate courts decided several cases that involved “mixed-motive” terminations. For example, in Harris v. City of Santa Monica, an employee, a bus driver for the City of Santa Monica, was terminated after informing her employer that she was pregnant. The employee also had a history of on the job negligence which included several accidents. The employer maintained that the employee’s termination had nothing to do with her pregnancy and … Read More
Can my employer fire me because I reported illegal activity to a government entity or to my employer?
Prior to January 1, 2014, California law prohibited employers from retaliating against any person who filed a complaint with a government agency, or participated in an investigation of his or her employer. Retaliation means that an employer could discharge (terminate or fire), demote, suspend, cut pay or otherwise subject an employee to adverse employment action simply because that employee decided to report illegal activity to a government agency. Employers also were barred from … Read More
Signed into law by Governor Jerry Brown in October and taking effect on January 1, 2014, SB400 makes it unlawful for an employer to terminate or otherwise discriminate against an employee based on his or her known status as a victim of domestic violence, sexual assault or stalking. The law also entitles victims to reasonable safety accommodations at the workplace. CA is the 7th state to enact this type of protection for domestic violence victims. … Read More
With over 300 million users of its iPhone worldwide, Apple is one of the largest smartphone manufacturers. As a result, Apple is often the subject of intellectual property lawsuits. In a series of lawsuits between the biggest smartphone producers in the world, dubbed “the smartphone wars,” Apple, Samsung, and Motorola have been embroiled in a years-long battle of the ages with each being accused of some sort of patent infringement. Apple, Inc. … Read More