Monthly Archives: December 2017

Can I Be Fired for Smoking Marijuana While Off the Job?

Recreational weed is legal – but can you still be fired for smoking marijuana on your own time? Do recreational marijuana laws mean that employers are not allowed to discriminate based on your use of the drug? The answer? It depends on your employer. Employers still have a lot of freedom in crafting their own marijuana policies. Companies are still allowed to drug test employees and potential applicants, and are allowed to fire them or refuse to hire them if they test positive for marijuana. And even if you do work at a weed-friendly company, employers can still fire you if they don’t want you consuming during the work day. What about medical marijuana? If you have a prescription for medical marijuana, unfortunately, there are still no state laws protecting your employment. Employers are not required to accommodate medical marijuana users. Even if you can present evidence of a doctor’s…
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What is the Whistleblower Protection Act?

In 2014, three new laws were enacted and added to the California Whistleblower Protection Act. The act already prevented employers from retaliating against employees that reported violations of state and federal laws to government officials or the police. Here is a look at the three laws that strengthened whistleblower protections in California. The act was expanded to include the reporting of a suspected violation internally or externally to any public body conducting a hearing or investigation. This liability was expanded beyond the employer to include anyone acting on behalf of an employer. The act was expanded to protected workers who reported violations of state and federal law, even if doing so was not part of the employee’s official job duties. If you are retaliated against for whistleblowing and you are eligible for protections under the California Whistleblower Protection Act, you can file a claim for damages sustained due to retaliation….
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Which Laws Prohibit Workplace Retaliation?

Under California law, employers are not allowed to retaliate against employees and job applicants. But how do you know if something your employer did qualifies as retaliation? If an employer punishes you for engaging in activities that are protected under the law, then your employer has engaged in workplace retaliation. An example: one of your supervisors sexually harasses you. You report it to your boss, and your boss reprimands your supervisor. After that, you notice that your supervisor is giving you more work, treating you more negatively and passes you over for potential promotions, despite you having done nothing wrong. This could constitute retaliation under California employment law. Workplace retaliation is unlawful if you are punished for protected activities, such as reporting illegal conduct, refusing to become involved with illegal conduct, filing wage claims, filing discrimination or harassment lawsuits and more. Not all retaliatory actions are obvious. Here are some…
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