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

  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)
    • 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.