Tag: business

Downsizing: How Can We Prevent Unfounded Lawsuits After RIFs?

Our company is going to go through a prolonged period of significant downsizing. A recent seminar told us to expect a retaliatory wave of unfounded allegations, grievances, and lawsuits by disgruntled employees. Can you suggest steps we can take to protect ourselves against these attacks? Should we retain specialists? What do you recommend we do?  […]

Short Takes: Records Inspection

I understand that under California law, I have to allow current and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee “at reasonable times and intervals.” But some of our employees are making a lot of requests. So what does “at reasonable […]

Employment Law Tip: When Is Accommodation an Undue Hardship?

If a disabled employee needs an accommodation so he or she can continue to perform the job, you don’t have to provide any accommodation that would be an undue hardship for you. Generally, undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation […]

Contracts: How Did We End Up Creating an Oral Contract?

I thought we had an “at-will” relationship with our employees, but recently, we got sued and the court found that the employee had an “implied contract” with us. Now we want to be sure that we’re not creating contracts we don’t want and that we do have contracts we need. How should we move forward? […]

Wage and Hour: Labor Commissioner Proposes Rules for Employee Expense Reimbursement

The California Labor Code requires employers to repay employees for all necessary expenditures employees incur in performing their jobs. However, the law doesn’t provide guidance as to what precisely must be reimbursed and at what rates, or whether paying an increased salary or commission satisfies the reimbursement requirement. Now, the labor commissioner has issued proposed […]