Wrongful Termination / Retaliation / Whistleblowing
“At-Will” v. Progressive Discipline
A Vision Law attorney recently met with a business owner who posed the following question. The owner said they spoke with another small/medium business owner who had a mandatory policy for the manager to write down every problem and disciplinary issue with every employee, provide three written warnings, and then after three warnings took disciplinary action [...] read more
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
How to Avoid Wrongful Termination Claims
In matters of employment law, employers can make serious mistakes during the hiring process, during the employment, and when an employee is terminated. Many of these problems can be avoided through the development and implementation of sound employment policies and procedures, ongoing legal consultation, and common sense practice. At Vision Law Corporation®, we advise clients [...] 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
Whistle Blowing and Retaliation
Discrimination Claims with a Spin…and Then Some
To make sure California management and business owners “get it,” federal and state laws create variations on the theme of unlawful discrimination. Not only is it unlawful for business to take adverse action against an employee because of a protected class, it is unlawful for management to take action against an employee for “exercising” their rights either as a member of a protected class or because the law otherwise grants the employee a certain right. These types of claims generally can be described as 1) retaliation claims and/or 2) “whistle blowing” claims. Read More »