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When an Employer Digs Into Your Past After Firing You Key Takeaways: The after-acquired evidence defense is an employer’s claim that misconduct discovered after an adverse action, such as résumé fraud, would have justified the decision anyway. In California, this is generally not a complete defense to FEHA retaliation claims; the California Supreme Court in Salas v. Sierra Chemical Co. (2014) treated it as a limit on remedies rather than a bar to liability. The employer generally bears the burden

Weighing Your Options When Your Job Is Falling Apart Key Takeaways: In California, waiting to be fired generally preserves more legal options than quitting, because termination is typically a clear adverse employment action while resignation may shift the burden onto you to prove constructive discharge under a narrow, objective standard. California’s at-will rule lets employers terminate for almost any lawful reason, but generally not for discrimination, retaliation, or firings that violate public policy. How you leave may also affect final

Asking for Help at Work Should Not Cost You Your Job Key Takeaways: It is unlawful in California to punish a worker for requesting a disability accommodation. Cal. Gov’t Code § 12940(m)(2) makes retaliation for an accommodation request a standalone FEHA violation, regardless of whether the request was granted. Employers owe two duties: providing reasonable accommodation absent undue hardship under § 12940(m)(1), and engaging in a timely, good faith interactive process under § 12940(n). Punishment isn’t limited to termination, it