Breach of Contract / Covenant
Preventing Employment Law Problems
Avoid Emergence of Employee Legal Problems Many business owners and entrepreneurs tell us that dealing with employment law matters ranks among their least favorite management activities, while also being one of their greatest concerns. Understandably, they wish to focus their efforts on activities which generate revenue and which keep their customers happy and their employees [...] read more
Top 10 Preventable Employee Lawsuits
Wage and Hour Claims Discrimination Claims Wrongful Termination Claims and Whistle Blowing Claims Leaves of Absence Related Claims Harassment Claims Breach of Contract Trade Secret Misappropriation and Unfair Competition Defamation Claims Invasion of Privacy and Drug Testing Class Actions, and Business and Professions Code 17200 Actions (Download Full Report (PDF)) Avoiding Employee Lawsuits The California [...] read more
At-Will Employment – The Cornerstone of Employer Rights
Wrongful termination, breach of contract, discrimination and harassment: that’s all we business owners and management hear and read about in the media. We don’t hear that the employment relationship under California law is presumed to be “at-will.” At-will means either the employer or the employee may terminate the employment relationship at any time, for any [...] read more
Litigation Defense
Limiting Costs and Liability Employment law litigation is expensive, which is why much of Vision Law’s practice involves helping employers prevent the emergence of labor problems that could result in an employee lawsuit. Unfortunately, we find that in many cases employers only come to us for help after a problem has emerged. In these situations, [...] read more
Employee Handbook Law
An employee handbook is a compilation of labor laws in the state that are applicable to the employees. At Vision Law, our attorneys have considerable experience in the creation of such handbooks. A free custom Employee Handbook is included when your company signs up for Vision’s Predictable Fees Program (12 month subscription). We have the experience [...] read more
FAQ: Employment & Labor Law for Small Businesses
Should my small business be concerned with employment and labor law? Yes. Many laws apply even if your small business only has one employee. Once your business hits five employees most major employment and labor laws apply. Even micro businesses in California are subject to employee claims. “What kinds of employment and labor laws apply [...] read more
Breach of Contract
California courts have stated the employment relationship in California is “primarily contractual.” This a misnomer because the employer and employee relationship is a special legal relationship that is framed by a mixture of statutory, contract, tort and criminal law. Even the foregoing phrase “primarily contractual” hedges its bets. What does it mean to be “primarily” contractual?
Contracts can be oral or written. They can be express or implied. What this means for employers is watch what you say and what you do (or don’t do) because your words and your actions/non-actions can create contracts between you and your employees.
In our experience, most employment positions are not set forth in a written “employment agreement.” When they are, for example high level management or sales positions, this is called an express written contract. While express written contracts can be breached, it’s the more insidious oral and implied contracts that can create unexpected obligations and liability for employers. Read More »