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Employment-Related Claims

Breach of Employment Contract
  • “At Will” Presumption
  • Implied-in-Fact Promise Not to Discharge Without Good Cause
  • “Misconduct
  • Damages
  • Employee’s Duty to Mitigate Damages
Discharge/Demotion Before End of Contract Term
  • Good Cause Defense
  • Damages
Wrongful Discharge or Demotion in Violation of Public Policy
  • Damages
Discrimination in Employment (CA Fair Employment & Housing Act)
    • Disparate Treatment
      • Bona Fide Occupational Qualification Defense
    • Disparate Impact
      • Business Necessity/Job Relatedness Defense
      • Rebuttal to Defense
    • Retaliation
      • Defense for Later-Discovered Misconduct
      • “Adverse Employment Action”
    • Sexual Harassment: (There are 2 distinct types of sexual harassment)
      • Quid pro quo
      • Hostile work environment: (3 Types)
        • Conduct directed at Plaintiff Employer/Entity Liability Individual
        • Conduct directed at Others Employer/Entity Liability Individual
        • Widespread Sexual Favoritism Employer/Entity Liability Individual
      • “Harassing Conduct”
      • “Severe or Pervasive”
      • “Supervisor”
      • Defense to Sexual Harassment by a Supervisor (Avoidable Consequences Doctrine)
Failure to Prevent Harassment, Discrimination or Retaliation Disability Discrimination: (2 types)
      • Disparate Treatment
      • Failure to Make Reasonable Accommodation “Reasonable Accommodation”
      • Failure to Engage in Interactive Process
Defenses
      • Inability to Perform Essential Job Duties
      • Undue Hardship
Religious Creed Discrimination
      • Undue Hardship Defense
Preventing Subsequent Employment by Misrepresentation *Ms. Sutherland is licensed to practice law in California only. Each state has its own laws and procedures for these types of civil claims. If you have a question about a civil action filed, or to be filed, in another state, then you should consult with a civil litigator who is licensed to practice law in that state.

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