Joseph Mark Lovretovich's Answers

Can an individual file a lawsuit based upon wrongful termination after one year from the date of injury?

The statute of limitations under the Fair Employment & Housing Act is one year from termination. Under the EEOC it is 300 days. I cannot tell if you opened a case with either agency. If you did, the statute may be tolled for a period of time. Also you may bring a claim for wrongful termination under common law and that is a two year statute. It is imperative that you meet with a lawyer as soon as possible to see if there are any circumstances that might extend your statute of limitations....

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I have a law suit pending with a prior employer for wrongful termination. I was fired from one job which is related to the case.

Anything is possible but not necessarily legal. If this former employer was a target of your suit and he does something to interfere with your current employment without a legitimate business reason, he may be liable for retaliation. Especially if the underlying action is a claim based upon the Fair Employment & Housing Act. As far as collecting information and giving it to the former employer to help defend their suit, it would depend on whether the information is public and subject to...

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Can I be terminated?

Unless you have a contract or a collective bargaining agreement that spells out how much time you have to make such a decision, your employer can set any time frame it wants. The fact that they are only doing this to those on graveyard shift will not make a difference. The only way you may have some claim is if the employer is picking you because of your race, religiion, age, gender etc.

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My employer is requesting marriage license and tax returns after 4 years of employment. Can I request the reason from employer?

I cannot imagine that your employer would be entitled to your tax returns. Those are protected by privacy and would not be relevant even if requested in a lawsuit. I would ask why they are asking for that information. Also it looks like they are trying to determine whether you are not being honest on your deductions. Again, I don't think the employer would be entitled to such information because only the IRS would have standing to challenge your deductions. The only reason I can...

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Under California Employment Discrimination law can we sue a state or local government for punitive damages

You cannot sue a public entity for punitive damages. In certain instances, you can sue an employee of a public entity for punitive damages if you can prove by clear and convincing evidence that they acted with malice oppression or fraud. While that may seem an easy thing to do, it is actualy very difficult to get a punitive award. Without any facts it would be impossible to determine if you have any grounds for such damages.

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The California Tort Claim Act

They are not tort claims but some governmental agencies are exempt from some rights under the labor code

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Exempt vs non-exempt

Since you have not described the work that you do, it is hard to opine as to whether you are being properly classified. As a shorthand answer, if you are doing working that does not require a professional license and are not supervising other workers more than 51% of the time, you may have been misclassified. A key factor to keep in mind, is that the manner in which the employer chooses to clasifficy the worker is irrelevant to the proper classification. You should sit down with a lawyer and...

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My company laid me off and only offered me a short severance in exchange for a release.

You can certainly bargain for more money in a severance agreement. In my experience, you will have more leverage if you can point to some wrongful conduct on the part of the employer in choosing you for a layoff which would enable you to file suit. Also usually it is much more difficult to negotiate severance where there is a mass layoff. In those instances, employers are more hesitant to negotiate because they would be setting a precedent with respect to the other laid off employees.

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Sexual harrasment at work

You should immediately talk to an attorney. If you are fired for making the complaint you should have a case for retaliation. Even if the employer untlimately believes the complaint is not porovable they cannot take action against you. It is important that you document to your employer every action she takes in retaliation for your complaint.

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Can i sue my employer for Negligent Hiring?

If this person was an employee of your employer and if your employer either knew or should have known she was a danger to other employees there is a possibility of liability for negligent hiring or negligent retention. There is a very recent case holding a school district liable for negligent retention for allowing a person with a history of molestation to continue to work in a school district. There would have to be a lot more information needed to conclude whether your employer could be...

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