California is known for having worker-friendly employment and anti-discrimination laws. Of course, these laws prohibit intentional discrimination, but they also bar unintentional practices that adversely impact protected employees. In other words, employers may be...
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Employment litigation
Is it impossible to fire employees in protected classes?
Some employers will lament the fact that they can’t terminate their employees who are already in protected classes. They know that these individuals fit into certain groups that have extra levels of employment protection under the Civil Rights Act of 1964. Protected...
How can employers avoid wrongful termination claims?
Wrongful termination occurs when an employee is dismissed in violation of their legal rights or protected status. These claims can lead to significant financial and reputational consequences for employers. To mitigate the risk of such claims, employers must be...
Be careful with the wording in your job postings
As a business owner, you know it’s important for your job postings to really convey the type of candidate you’re searching for. You likely get a lot of people applying for jobs who are not in any way qualified. You want to try to prevent that by making your job...
4 reasons you can justify firing an employee
In the state of California, employment is at-will. This implies that as long as the basis for the termination is legitimate, either party may end the employment relationship at any moment. An employee who has been unlawfully terminated from their position, however,...
Can you use non-compete agreements with your employees?
You may be tempted to use a non-compete agreement with your employees to better ensure that they don’t simply leave your company to start their own competing business or work directly for your current competition. Part of the goal here would be to keep talent away...
Can you fire an employee for lying on their resume?
An organization is as good as the people who work in it. It’s on this account that employers burn the midnight oil to search for recruit the right talent. And this costs time, effort and money. So you put in the effort, screened through tens of applicants and landed...
Are you getting employee classification right?
Do you have employees and independent contractors at your service? If you do, it is important that you label them correctly. Labeling independent contractors as employees, and vice versa, can have far-reaching implications for your business. Whether it is intentional...
What should your employee handbook contain?
Your company has been expanding over the years and you now have dozens of staff members. You have met them all but you delegate the hiring process to your managers now. Nonetheless, you’d like to instill your company ethos and values into each and every employee. How...
How mergers and acquisitions can lead to widespread discrimination
There can be cultural conflicts when the existing workforce at two organizations merge into one, as a significant degree of redundancy is likely. This overlap can drive interpersonal tension and lead to a massive increase in operating expenses. Workers often feel...