Salas v. Sierra Chemical Co

Senate Bill No. 1818, which extends state law employee protections and remedies to all workers "regardless of immigration status," is not preempted by federal immigration law except to the extent it authorizes an award of lost pay damages for any period after the employer’s discovery of an employee’s ineligibility to work in the United States. Doctrines of after-acquired evidence and unclean hands are not complete defenses to a worker’s claims under California’s Fair Employment and Housing Act, although they do affect the availability of remedies. FEHA generally will not permit a plaintiff to recover damages incurred after the employer learned of facts that would have resulted in lawful termination, and a trial court may consider unclean hands in fashioning an equitable remedy.
     Salas v. Sierra Chemical Co. - filed June 26, 2014
     Cite as 2014 S.O.S. 3235
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