California is an at-will employment state, which means that an employer can decide to terminate employees’ roles at any time without having to provide a reason. Either party, the employee or the employer can terminate the position at will with notice. With that in...
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Employment litigation
What are the signs of workplace retaliation?
Every worker should feel safe and respected at the workplace. If this does not happen and your rights are violated, you can file a complaint against the responsible party with your employer or a higher authority. When you file a formal complaint against your superiors...
Have you been accused of discrimination for promoting the right person?
When it came time to promote someone to a leadership position, you already had an idea of who you wanted to choose. You did go through with interviews just to make sure you weren't missing something, but that person stood out in the interviews just as much as they did...
How do businesses avoid claims of wrongful termination?
Not every worker is a good fit for your company. You may not realize until after you hire someone that their personality or skill-set isn't really a match for what your company needs. It's also possible that someone who has worked for your company for years can...
When can an employer mandate an “English Only” policy?
As California business owners know (or should know), national origin is a protected employment class under federal as well as state law. In part, this means that you can’t discriminate against someone in hiring, promotion, firing or by harassing them because they’re...
How should a company respond to harassment complaints?
Employers have a duty to ensure that workers have a safe workplace that isn’t filled with hostility. Workers who are being subjected to harassment or discrimination should know how they can file complaints about those matters. They should also know that they will be...
Tips for firing a protected employee
Many of your employees may fall into certain protected classes. These include gender, age, religion and race, though the Equal Employment Opportunity Commission (EEOC) also lists other categories. You're not allowed to fire employees due to the areas that are...
As an employer, there are limits to reasonable accommodation
A reasonable accommodation is a change made in the workplace to enable employees to discharge their duties despite having a disability. Under the Americans with Disabilities Act, reasonable accommodation is in line with the law, prohibiting any discrimination at the...
What is or is not sexual harassment?
Sexual harassment is a serious problem in some workplaces, but what one person believes is harassment may not actually be. It is important that employers understand what is or is not sexual harassment so that they can take action to avoid claims. It’s your job as an...
Your company has ongoing training obligations as an employer
As an employer operating in California, you will have to comply with federal employment regulations and the more strict California state laws. Among your many obligations to your workers is that you provide a safe work environment. Actively trying to prevent...