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FREE DOWNLOAD: Guerra v. Mr. Rooter Plumbing (Calif. WCAB panel) (132a discrimination)

Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination were stated to applicant at the time...

FREE DOWNLOAD: Guerra v. Mr. Rooter Plumbing (Calif. WCAB panel) (132a discrimination)

Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination were stated to applicant at the time he...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

Missouri: Appeals Court Remands Retaliation Claim by State Employees

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could not pursue a discrimination claim under 287.780 because...

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing an urgent job assignment. The case is Templemire...

Missouri: “Show Me” the Comp Files

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again. On Feb. 13, 2014 the Senate passed Bill 526 (lexis...

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination...