Terminating an employee is one of the hardest things a business does, and it is almost certainly the most legally scrutinized decision you will make in the workplace. It is also one of the few decisions that triggers immediate legal obligations — the clock starts running the moment you end the relationship. Yet how to
Five Things California Employers Need to Understand About At-Will Employment
California is technically an at-will employment state. But practically speaking, that designation comes with so many asterisks that employers who treat at-will as a blank check to terminate anyone at any time are setting themselves up for costly litigation.
Here are five things every California employer needs to understand about the at-will doctrine:
1. At-Will
Managing Employee Departures: Five Must-Have Steps for Employers
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
Essential Videos for California Employers: Your Must-Watch Guide
This week’s Friday’s Five: a curated collection of must-watch videos on our YouTube channel for all California employers. Stay informed and discover the valuable insights you need to navigate the intricacies of the state’s employment landscape:
1. Exempt or non-exempt?
2. Meal and rest break basics
3. Culture fit happens in hiring
Recent appellate decision offers important lessons on retaliation, workplace investigations
A California appellate opinion issued yesterday offers a fact pattern and jury verdict familiar to employment counsel: A longtime employee resists a proposed change pushed by his new boss, citing an anxiety disorder; the new boss finds the claimed anxiety a dubious excuse; the boss learns the employee has been moonlighting and potentially using company
Five statutes that can shift attorney’s fees to employers
You may recall from your college business law class of the “American rule” regarding attorney’s 
fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule
Five areas of employee compensation or off-work conduct that cannot be regulated by an employer under California law; plus: Ben Horowitz, the Shmoney Dance and How to Manage
I just discovered How to Start a Startup, which is a series of videos published by Stanford University on YouTube with some outstanding speakers. The problem is that the class videos are so great, I have a hard time turning them off. Case in point, this week I watched Ben Horowitz’ lecture: How to
Five errors that make defending an employment lawsuit harder
In litigation, the following five issues make defending an employment lawsuit much more difficult. 
1. No documentation.
No matter what type of employment litigation is at issue – 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
Understanding immigration and labor reform laws on the federal and state level: President Obama’s immigration proposal and California’s change to immigration related laws in 2015
President Obama’s announcement of his controversial plan to provide amnesty for illegal 
immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to
Five issues employers must understand about California’s harassment and discrimination laws
1. Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors.
A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. Under California’s Fair Employment and Housing Act (FEHA), a supervisor is defined as anyone who has the authority to hire, transfer, suspend, layoff, recall, promote