News & Insights

Proving Constructive Discharge when Making a California Employment Law Claim
Hardin Law Group

California offers some of the most comprehensive employee protections in the nation, particularly regarding wrongful termination. Employees in California are protected not only from overt unlawful termination but also from subtler forms of coercion that force them to resign. One such situation is known as “constructive discharge.” Constructive discharge occurs when an employee resigns due…

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When Can Failure to Promote an Employee Become an Actionable Claim?
Hardin Law Group

California employment laws provide robust protections against workplace discrimination and unlawful termination, including instances where employees may be unlawfully passed over for promotions. While claims related to discrimination or wrongful termination are often discussed, the law also addresses situations where promotions are denied unjustly. Proving these cases, however, can be challenging. They require clear evidence…

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Federal Court in California Rejects “Non-Dairy Milk” Discrimination Claim
Hardin Law Group

California restaurants, as places of public accommodation, bear a legal duty to serve all customers equitably, which includes providing reasonable accommodations for individuals with disabilities. Similarly, employers in California are required to accommodate their employees’ disabilities to ensure fair and equal treatment in the workplace. When these duties are ignored, the courts often become the…

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Using Federal Laws to Prevent Mandatory Arbitration for Some California Employment Law Claims
Hardin Law Group

Forced arbitration has become a powerful tool for California employers to deter successful employment claims. By compelling disputes to be resolved in private arbitration rather than through public court proceedings, employers often benefit from forums perceived as more favorable to their interests. Arbitration agreements are frequently presented as standard employment contract clauses, leaving employees with…

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How California’s Private Attorney Generals Act (PAGA) Allows for More Effective Enforcement of Important Employment Laws
Hardin Law Group

California employers who commit systemic violations of labor laws often escape accountability because individual employees may not find it worthwhile to pursue claims. The damages suffered by each employee are often small, and the legal hurdles for a single claim can feel insurmountable. To address this imbalance, California enacted the Private Attorneys General Act (PAGA).…

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California Employment Law: Privacy Protection in the Workplace
Hardin Law Group

California employment laws provide extensive protection for workers, covering everything from unlawful termination to workplace discrimination. However, some protections could be more well-known, such as those related to employee privacy rights. While cases involving wage disputes or retaliation are common, privacy violations in the workplace can also form the basis of serious legal claims. A…

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Challenging Compelled Arbitration in Sexual Harassment Claims
Hardin Law Group

California law has long been designed to protect employees from mistreatment in the workplace, especially regarding issues like sexual harassment. But despite these protections, employers have often found ways to sidestep the intent of these laws by using arbitration clauses to handle disputes outside the courtroom, generally to their advantage. Arbitration, typically a faster and…

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California Court Rules on Recent Employment Discrimination Case
Hardin Law Group

California law offers strong protections for employees who face discrimination in the workplace based on characteristics such as race, gender, and other protected traits. Workers are shielded from being disciplined, fired, or retaliated against for raising concerns about discriminatory practices. However, it’s essential to understand that not every instance of mistreatment or workplace conflict constitutes…

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California Court of Appeal Rejects Gender Discrimination and Harassment Claim
Hardin Law Group

California employees have the legal right to work in an environment free from discrimination based on gender. They also have the right to pursue claims against employers who retaliate for filing complaints about discrimination. Despite these protections, standing up against a hostile work environment and navigating the legal system can be an uphill battle. This…

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Why Timing Is Critical in Medical Privacy and Employment Law Cases
Hardin Law Group

California’s Confidentiality of Medical Information Act (CMIA) protects employees from discrimination for refusing to disclose their medical information. This law is increasingly significant, particularly as it has been invoked by opponents of vaccine mandates. Individuals have attempted to use the CMIA to prevent employers from requiring them to reveal their vaccination status or comply with…

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