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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

Why Timing Matters More Than Ever in California Retaliation Cases Key Takeaways: California’s SB 497, effective January 1, 2024, created a rebuttable presumption of retaliation when an employer disciplines or discharges an employee within 90 days of protected activity under Labor Code §§ 98.6, 1102.5, and 1197.5. This shifts the burden to the employer to show a legitimate, independent reason rather than requiring the employee to prove retaliatory motive from the outset. The presumption is procedural, not a guaranteed win,