Many employers treat a workplace investigation as a means to an end. Gather the facts, reach a conclusion, move on. As long as the conclusion is right, the thinking goes, the process doesn’t much matter. Recent litigation says otherwise. Employees…
You posted an opinion about a story that was dividing the country, and it never crossed your mind that your job was the thing on the line. Then Monday came, and your manager wanted to talk before you had even…
Many California employers assume that if federal labor enforcement backs away from scrutinizing confidentiality and non-disparagement clauses in separation agreements, the pressure on those clauses eases across the board. It does not, and treating it as though it does is…
Finding out an employee lied on an application or misrepresented credentials creates urgency. In California, the legal exposure often comes from what the employer does next: how it investigates, how it documents materiality, and whether the response matches established policy…
You finally got a lawyer working on your case. The filing was submitted. Then you found out the brief cited cases that do not exist. The lawyer used an AI tool to help draft it and did not check the…
You signed a severance agreement. It had a non-disparagement clause. The language said you could not say, write, or do anything to disparage or defame the company – to anyone. You were told this was standard. I see this pattern…
Belief: At-will employment means you can end employment for any reason, so the reason does not matter. At-will is the default relationship, not a liability shield. At-will does not protect terminations that look tied to discrimination or harassment concerns, retaliation,…
Belief: If you decide to terminate, you can justify it later with a performance narrative. In California, that move often backfires because the timeline becomes the case. When performance concerns show up for the first time in the termination meeting,…
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