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After a lawsuit is filed (and in many cases, before), you and your legal team should be creating a “to do” list of critical documents to demand from the defendantRead MoreWhistleblower Discovery Rights: Avoid the Pitfalls and Secure Adequate Evidence

When analyzing an employment law case, one must first determine whether the worker was an employee or independent contractor. This is important because in California employment-at-will means that an employerRead MoreHave You Been Mis-Classified as an Employee or Independent Contractor – The Answer May Be Crucial to the Success of Your Case

Unusual legal issues arise when an attorney is wrongfully fired by a corporate employer. As Los Angeles wrongful termination employment attorneys, we have seen numerous cases of the conflict that can arise between a corporation who wants the right to terminate an attorney “at will” and the right of the attorney to file suit him or herself if the termination is wrongful. The seminal decision in California on this issue is General Dynamics Corporation vs. Superior Court. Here, an in house attorney was terminated and the court allowed the lawsuit to go forward, noting that “it is unlikely that the (corporation’s) undoubted power to discharge the attorney at will is one that can be invoked under all circumstances without consequence.” (7 Cal 4th at 1175). While noting that an attorney fired from his in-house job may sue, reinstatement is not an available remedy.

The court distinguished an earlier and famous case, Fracasse ve Brent, which allowed a client to fire an attorney without consequence. This was a traditional non-employer, attorney-client relationship However, the General Dynamics court saw the distinction between in hours attorneys virtually dependent on the good will and confidence of a single employer to provide livelihood and carer success and an outside attorney in private practice with multiple clients.

Whistle blower attorneys in Los Angeles should be able to pursue a claim of retaliatory discharge. The rub comes when the ethical obligation of the attorney to protect his client’s secrets at all costs comes into play. The court found that where the elements of a wrongful discharge in violation of public policy can’t be established without breached the attorney-client privilege, then the suit must be dismissed in the interest of preserving the attorney client privilege. (at 1182).

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As always, consider our blogs educational in nature only. Legal advise can only be given after full evaluation of the facts of your case.

In the last several weeks, our attorneys reported a large number of sex and gender discrimination lawsuits. One of these was brought by a group of former Merck and Co.Read MoreSex and Gender Discrimination against Pharmaceutical Company Merck and Race Discrimination against Comcast

In the last several weeks, our attorneys report a number of religious discrimination lawsuits.  One of these lawsuits was brought by a group of Muslim women on May 2nd againstRead MoreRising Religious Discrimination in California and Recent Amendments to the Fair Employment and Housing Act

Earlier in May, four female commercial airline pilots for Frontier Airline filed discrimination complaints with the Equal Employment Opportunity Commission (“EEOC”). Their main allegation is that the airline discriminates againstRead MorePre and Post Pregnancy Discrimination by Frontier Airlines Exemplifies Industry’s Propensity for Employment Discrimination Lawsuits

Transgender discrimination has been the hottest employment law discrimination area in recent months.  In fact, since 2012, employment discrimination against employees as a result of them being transgender has qualifiedRead MoreTransgender Discrimination – Elucian Tech Company $140,000 Settlement for Removing Transgender Employee from Workplace

A disability discrimination lawsuit was filed last week against a large gas station operator by the name of Murphy Oil.  The main allegation by the former employee was that theRead MoreLarge Gas Station Operator Murphy Oil Faces Disability Discrimination Lawsuit under ADA by Former Employee

Last Friday, a federal jury awarded over $3 million dollars to six current and former employees of a school district.  The employees’ main allegation was that they were demoted andRead MoreJury Awards $3 Million to a School District’s Employees for Unlawful Retaliation AND An Editor Sues Associated Press for Race Discrimination and Retaliation

After a nurse sued for sexual harassment, sexual discrimination, and retaliation, she received $115,000 this week and may even get an additional $84,000 on top of that.  The nurse wasRead MoreWorkplace Retaliation Ruling Nets a Nurse $115,000 After Doctor’s Crude Conduct