In legal disputes, five primary challenges can significantly complicate the defense of an employment lawsuit:
1. Failure to document routine employment issues.
In any employment litigation, whether it’s wage and hour claims, leave issues, or harassment claims – the amount of documentation an employer has dramatically increases the odds of prevailing in litigation. I would
California employers often ask me the question of what steps can they take to stop employment litigation. My response usually begins with a warning that there is nothing an employer can do that will prevent a frivolous lawsuit, but the employer should focus on what they can control. Employers can only control their actions and
Quiet quitting has been in the news recently to describe a trend by employees to only do the bare minimum at work. Some have described it as setting boundaries and not doing work beyond what you were hired to do, and for what you are being paid for.
The most common question I’ve been getting
In working 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 reviews five common misunderstandings about discipline and documentation:
Misconception #1: If there was no formal write-up put
These five golden rules, if followed by employers, help prevent employment lawsuits, and in the event of litigation can lower the litigation exposure. Employers cannot control who may file a case against them, but the following items are in their control, and can go a long way to reducing litigation exposure:
1. Must have excellent
On April 1, 2020, the DOL issued a temporary rule issuing regulations on the Families First Coronavirus Response Act (FFCRA). The rules largely follow the previously published FAQ by the DOL, but the rules did set forth some additional clarifications on the documents required by employees asking for leave and the documentation that employers need
In working 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 reviews five common misunderstandings about discipline and documentation:
1. If it was not a formal write-up put
This Friday’s Five provides a few reminders about documenting employee performance. While good documentation is hard to gather at the time, it is critical in communicating clear objections to employees for better performance. Also, should a dispute arise that results in litigation, how well the employee’s performance was documented can be the different in winning
Chipotle had an $8 million verdict against it in a California court last week for a wrongful termination claim. The verdict is a surprising huge amount and it should be a clear warning to employers about how important it is to document employee conduct, and then store and be able to access that evidence
Clients come to my firm often frustrated by California employment laws and their complexity, the raising costs of doing business in California (such as the higher minimum wage), and the legal system in general. I have to agree that California poses one of the most difficult business environments businesses have to operate within, but I