Is an employer's adverse action against an employee not illegal just because it is ill-advised?
California, United States of America
The following excerpt is from Frawley v. L. A. Cnty. Metro. Transp. Auth., B254562 (Cal. App. 2016):
reason, as long as its action is not for an unlawful reason."8 The official directions for use of this instruction provide: "Give this instruction to advise the jury that the employer's adverse action is not illegal just because it is ill-advised. It has been held to be error not to give this instruction. (See Veronese v. Lucasfilm Ltd. (2012) 212 Cal.App.4th 1, 20-24 . . . .)"
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can an employer force an employee to engage in "protected activity" in order to avoid an adverse employment action? (California, United States of America)
Can a plaintiff rely on the termination of her employment with defendant as the adverse employment action for the purposes of her retaliation cause of action? (California, United States of America)
What is the current state of the law on the test for determining whether an employer meets its initial burden as a moving party in an adverse employment action? (California, United States of America)
Can an employer who fails to provide proper notice to an employee later intervene in the employee's action? (California, United States of America)
What is the employer's burden as a moving party in an adverse employment action? (California, United States of America)
Is a default judgment against an employer in a personal injury action against an employee after the employee has been found not guilty by a jury? (California, United States of America)
When an employer gives notice of an employee's notice, can the employee commence a civil action? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
