Sean James Gavin's Guides

REASONABLE ACCOMMODATIONS IN CALIFORNIA: WHAT ARE "DISABILITIES" AND “MAJOR LIFE ACTIVITIES”?

Any analysis of disability discrimination claims must ask, “does the physical or mental condition limit a major life activity?” In order to answer this question, it is useful to know what qualifies as a “major life activity.” This guide provides a useful list of recognized major life activities.

Constructive Discharge Vs. Constructive Quit

Constructive Discharge The controlling case in California is Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238 (1994). In that case, Plaintiff complained of his treatment after he informed his superior that other employees had violated state liquor laws, internal company policies a...

How Does Marijuana Decriminalization Affect Your Elegibility for Unemployment Benefits?

Last year, then Gov. Arnold Schwarzenegger signed legislation that reduces the crime of possession of an ounce of marijuana from a misdemeanor to an infraction. Senate Bill 1449 does not reduce actual penalties for possession of small amounts of marijuana. Under California law, m...

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USE IT OR LOSE IT? VACATION PAY IN CALIFORNIA

As we all continue to face a downturn in the economy, employers and employees alike are looking for ways to save money. For employees, this might entail bringing lunch to work or carpooling. For employers, however, cost-cutting might involve taking unlawful actions against the wo...

Millionaires Earning Unemployment Benefits

The IRS maintains data about many different things. These data can help us understand where our tax money goes. Recently, these data showed that 2,840 households earning at least $1 million in income received unemployment benefits. Of these claimants, 17 had reported earnings ...

When Red Email Can Get You a Pink Slip: Wrongful Termination for Improper Workplace Etiquette?

A recent article in the New Zealand Herald tells the story of an accountant who was abruptly terminated from her job because she had a habit of sending confrontational emails. It was not the content of her emails that bothered her supervisors, but rather the format; she made ...

I Gave Notice At Work, Then Got Fired. Can I Still Get Unemployment Benefits?

Many times when an employment relationship is not going well, both parties realize it. The employee and the employer may agree that it is best to sever the relationship. Employees, however, are often asked to give two-weeks notice before leaving a job, whereas employers rare...

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Is It Legal For Employers to Make Waiters and Waitresses Pool Their Tips?

Many employees earn tips. Normally these tips belong to the people who efforts earned the tip in the first place. Almost 60 years ago, the United States Supreme Court recognized this principle, holding that in businesses where tipping is customary, the tips, in the absence o...

An Overview of the California Unemployment Appeals Hearing Process

Hearing Process Your unemployment appeal takes place during a hearing. Sacramento unemployment appeals are heard at the Sacramento Office of Appeals, located at 2400 Venture Oaks Way. The California Unemployment Appeals Board (CUIAB) has helpful information about your appeal, ...