A breach of contract occurs when one party (either the employer or employee) fails to fulfill the obligations outlined in the employment agreement. When this happens, one or both parties may want to have the contract enforced and seek damages for the…
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It is unlawful for any employer to harass an employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The laws protecting…
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Our firm offers small and mid-size businesses a host of services to assist in human relations and employee operations, audit employer compliance practices, and counsel employers in practical ways to mitigate and prevent the risks associated with empl…
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It is not uncommon for an employee to be discharged, or even forced to quit, and be denied EDD (unemployment) benefits. The initial denial is subject to an automatic appeal before an administrative law judge. For the employee, it is important to time…
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Under the FMLA, employees — men and women — have the right, under certain circumstances, to medical and pregnancy leaves of absence without fear of retaliation. Our firm has represented employees in obtaining such leave. We have also represented…
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Employers are prohibited from engaging in “unfair competition.” This term has been broadly construed to prohibit many types of activities, including the following, under certain circumstances:
competitive acts by current employees
breach of fidu…
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Employees are generally categorized as either exempt or non-exempt from the wage and hour laws, although even non-exempt employees have a number of rights, including, for example, the right to receive “prompt pay” upon resignation or discharge.
W…
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Although employment contracts are generally terminable at will, California courts recognize a narrow exception to this rule where an employer’s reason for termination violates public policy. Despite an employment contract that allows for terminatio…
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