The phrase “no good deed goes unpunished” applies in many contexts, including California employment law. Here are six ways that employers get into trouble by trying to do favors for their workers.

  1. Treating an employee as an independent contractor. Some workers want you to treat them as independent contractors so they aren’t subject to

Maybe Governor Jerry Brown read my January blog post on references because, last week, he signed AB 2770 into law.  Effective January 1, 2019, employers are protected by an expanded privilege when giving an employment reference.  The privilege protects employers from defamation claims when advising a prospective employer that the applicant was the subject of

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims. Consider, for example, Viana v. FedEx Corporate Services, an unpublished Ninth Circuit opinion issued on March 22, 2018. The appellate panel in that case

The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issueson On August 25, 2016. Careful readers will be able to deduce from the section titled “Expansive Definition” that the EEOC uses an expansive definition of what constitutes protected activity. This activity is “protected” in the sense that

Many people are saying that this California Employment Law Blog doesn’t spend enough time discussing Mississippi law. Well today that’s going to change.

On August 8, 2016, the Fifth Circuit Court of Appeals overturned a decision saying that a company can fire an at-will employee for having a firearm in his truck in the company

Bridgeport Continuing Education will be hosting a seminar titled: “Wrongful Termination, Harassment and Discrimination Claims” on July 29, 2016 in San Francisco. I will be speaking about Litigating and Defending Discrimination Claims, along with Jocelyn Burton. The program offers 5 hours of Mandatory Continuing Legal Education. You can get details and register here.

The Equal Employment Opportunity Commission reports that, in fiscal year 2015, 44.5% of the charges it received alleged retaliation. That makes retaliation the most popular charge it received by a large margin. Previous statistics showed that retaliation claims were even more popular at the Department of Fair Employment and Housing – the EEOC’s California counterpart.

We recently updated a 15-page brochure that summarizes California’s unique employment law requirements. And it’s completely free. No postage and handling. No commitments to buy more. No need to provide your e-mail or credit card information. Just download the pdf and it’s all yours.

Copyright: drstokvektor / 123RF Stock Photo
Copyright: drstokvektor / 123RF Stock Photo

You terminate an employee.  Before you disable that employee’s login password, he downloads sensitive information to take with him.  Ideally, that information is encrypted and can’t be read on any outside computer.  But you never know what a capable hacker can do and once the information has been taken, the damage might be irreversible.  The