California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Terminations

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Five misunderstandings about disciplining employees

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Terminations, Wrongful Termination
EmployeesWorking with employers are various sizes, backgrounds, sophistication, and industries, I’ve seen a lot of confusion and simple misunderstandings about what constitutes employee discipline and how to properly document employee performance issues or discipline.  This Friday’s Five addresses five common misunderstandings I’ve seen recently about employee discipline and documentation: 1. If it was not a… Continue Reading

Gary Vaynerchuk on the workplace: a 2016 perspective

Posted in Best Practices For California Employers, Privacy, Technology & Law, Terminations
Gary_VaynerchukIf you know Garyvee, you may be asking yourself how could an employment law blog rely upon advice from someone who has not only admitted, but takes pride in, the fact that he checked out of school in the third grade, does not read books, and uses language that makes most standup comedian’s performances seem… Continue Reading

Severance agreements under California law

Posted in Best Practices For California Employers, Terminations, Uncategorized
This video is the third installment of three videos covering issues surrounding terminations in California.  For today’s Friday’s Five, in this final video in the series I discuss five common questions employers have about severance agreements: When are severance agreements appropriate in California? What are common terms in severance agreements? Such as a non-disparagement clauses and… Continue Reading

Five documents employers should consider providing at termination

Posted in Best Practices For California Employers, Terminations, Wrongful Termination
Another Friday, another Friday’s Five.  If you are new to the Employment Law Report, I write about a topic and include five items employers should understand on that topic every Friday.  This Friday’s Five discusses the documents employers should consider providing to employees at the end of employment. The documents include: Notice of change of… Continue Reading

Terminations: Five considerations for all California employers

Posted in Best Practices For California Employers, Terminations, Wage & Hour Law
This week’s Friday Five is a discussion focused on a discussion of considerations employers should make during the termination process, such as: how to document reasons for terminations (and why it is important to be accurate and honest) when final wages are due where to provide final wages payment of expense reimbursements, and direct deposit… Continue Reading

Five general rules California employers should understand about employment contracts, non-competition and non-solicitation agreements

Posted in Best Practices For California Employers, Employee Handbooks, Terminations, Wrongful Termination
Friday’s 5 is here.  This post covers five issues that commonly arise when dealing with employment contracts and non-competition/non-solicitation agreements.  It is a very broad area to discuss, so, as always, this is a very general overview.  However, employers and executives alike should have a basic understanding about the legalities and enforceability of such clauses… Continue Reading

Lessons from Yelp: Responding to employee complaints on social media

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Terminations, Wrongful Termination
Today’s Friday’s Five focuses on five aspects of responding to employee’s complaints made on social media.  Yelp has been in the news recently (Another ex-Yelp worker is calling the company out after being fired, CNNMoney; Yelp’s Tweet About Fired Employee Could Spell Legal Trouble, Inc.com [I was quoted in this article]), for how it responded… Continue Reading

Termination checklists: five considerations to start with

Posted in Best Practices For California Employers, Privacy, Terminations, Wrongful Termination
Happy Friday!  This Friday’s Five focuses on the termination process.  Employers should develop a termination checklist to ensure all documents and contingencies are consistently covered during the process.  Here are five pointers employers can use to start in developing their own checklist: 1.      Final wages must be timely paid. The employee’s wages must be paid… Continue Reading

Can/should companies follow employee’s on social media? Gary Vaynerchuk weighs in

Posted in Best Practices For California Employers, Employee Handbooks, Privacy, Technology & Law, Terminations, Wrongful Termination
Gary Vaynerchuk discusses how he uses social media to engage with his 500 or so employees and addresses the risks on The Ask Gary Vee Show, episode 176 (video below).   Gary made his career using social media, and continues to do so in running his digital media company, Vayner Media.  So it does not come… Continue Reading

Friday’s Five: Facebook “likes” and employee’s calling employer “asshole” can be protected activities

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Terminations, Wrongful Termination
FB mehJillian Sanzone worked for Three D, LLD, d/b/a Triple Play Sports Bar and Grille, as a waitress and bartender and Vincent Spinella worked as a cook.  The employees realized that they owed more money in State income taxes than expected and complained to the employer.  Sanzone, Spinella, and another former employee, Jamie LaFrance, began posting… Continue Reading

Five essential aspects to understand about defamation claims

Posted in Best Practices For California Employers, Terminations, Wrongful Termination
Employers usually face defamation claims in connection with wrongful termination allegations.  Defamation claims can arise in two forms: libel (written) and slander (spoken).  Defamation can result from a variety of different scenarios, such as: statements made to others during a workplace investigation, explaining to colleagues the reasons why an employee was terminated, the employee’s claim… Continue Reading

Five items that should be on every employer’s end of employment checklists

Posted in Best Practices For California Employers, Terminations, Wage & Hour Law, Wrongful Termination
Many employers have new hire packets and hiring procedures, but just as important, and often overlooked by employers, is to have a process for departing employees. It is important to ensure an employee departing the company provides all items back to the company and is provided any legally required documentation, and is a good opportunity… Continue Reading
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