A well-structured process for onboarding new employees is a common practice, but equally important—and often overlooked—is having a clear procedure for when employees leave the company. Ensuring that all company property is returned, providing any required documentation, and taking steps to mitigate potential legal risks are crucial when an employee departs. Here are five key
severance agreement
Termination and Employment Separation Checklist For California Employers
We recommend employers develop a separation checklist to ensure the company’s policies are followed as well as all applicable laws that pertain to the employer. This article provides five issues employers should consider in developing a separation checklist for their company:
1. Documenting reason for termination
Employers should establish a protocol for documenting the reason…
Planning for Employee Separations From Employment In California
The process of separating an employee from a company must be clearly set out and planned in advance. We recommend developing a separation checklist so that all of the company’s policies are followed, as well as any applicable laws that pertain to the employer and their industry. This article provides five issues employers should consider…
Five Steps For California Employers To Prepare For 2022
As 2021 is quickly coming to an end, this article focuses on five steps employers can take in preparation for 2022:
1. Update employee handbooks to comply with AB 1033 which expanded the definition of family members covered under the California Family Rights Act.
AB 1033 passed in 2021 and takes effect on January 1,…
Use With Caution: Confidentiality Clauses
California passed a wave of new laws in 2018 relating to the #metoo movement, many of which prohibit confidential settlement agreements or disclosure of allegations related to sexual harassment in the workplace. This Friday’s Five post is a review of five areas impacted by these prohibitions of certain terms in settlement agreements, which illustrate the
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Termination Considerations in California
How to conduct a termination is not covered in management class, or any class for that reason. Yet the termination process is one of the more common business decisions that will receive the most scrutiny and is likely the most legally challenged decisions in the workplace. In addition, terminations trigger immediate legal obligations that the…
Limits on confidentiality clauses involving harassment claims
California passed a wave of new laws in 2018 relating to the #metoo movement, many of which prohibit confidential settlement agreements or disclosure of allegations related to sexual harassment in the workplace. This Friday’s Five post reviews five areas impacted by these new laws in 2019, which illustrate the need for employers to stay informed…
Five items that should be on every employer’s end of employment checklists
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…
Friday’s Five: Five answers to common questions about severance pay and severance agreements
Severance pay is not required under California law. However, employers who have potential disputes with employees that are leaving employment should consider whether offering severance pay in exchange for a signed severance agreement containing a release of claims against the company may be useful in avoiding costly litigation. Here are answers to five common questions…