California Employment Law Blog
Indefinite Medical Leave: Can My Employer Terminate Me?
California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to help employees with disabilities perform their essential job duties, unless doing so would cause the employer an undue hardship. However, under California...
Wrongful Termination Lawsuits Under FEHA: A Costly Gamble for Employers
Wrongful termination lawsuits under California’s Fair Employment and Housing Act (FEHA) can be treacherous terrain for employers. One of the biggest dangers of taking a case to trial is the potential for substantial attorney’s fees awards to prevailing plaintiffs....
How Do I Write A Severance Pay Demand Letter?
If you’ve been offered a severance package—or expect to be—you may be wondering how to respond. A severance pay demand letter is a formal written request in which an employee outlines their concerns with the severance offer, identifies unfair terms, and proposes a...
Forced Arbitration & Sexual Harassment: California Employee Rights
Arbitration is a private legal process where disputes between employees and employers are resolved by a neutral third party, rather than through a public court trial. Many employers include arbitration agreements in their employment contracts, which forces employees...
Is Getting Fired After Exhausting Leave Wrongful Termination?
If your employer terminates you immediately after you have exhausted leave including your 12 weeks of Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave, it raises a significant red flag for potential wrongful termination in the form of...
Why Did an Employment Lawyer Reject My Case? Common Reasons Explained
If you’ve been fired, mistreated, or forced out of your job, calling an employment lawyer might feel like the natural next step. After being fired, many people honestly believe that have been “wrongfully terminated” because they have done nothing wrong, complied with...
Top 10 Things to Watch Out for in a Severance Agreement
Losing your job is stressful, and if your employer offers you a severance agreement, you may feel pressured to sign it quickly. But before you do, it’s important to understand the top 10 things to watch out for in severance agreements. What Is a Severance Agreement? A...
When Is an Employer Responsible for Sexual Harassment?
Understanding when an employer can be held liable for sexual harassment is critical for employees seeking justice. In cases involving sexual misconduct in a workplace or educational setting, proving employer responsibility requires meeting specific legal standards. A...
Employer’s Failure to Pay Arbitration Fees Can Let Employees Take Their Case to Court
Many California employees are required to sign arbitration agreements as a condition of employment, often without fully understanding what arbitration means. Arbitration is a private legal process where disputes are resolved outside of court by a neutral third party,...
Boost Your Executive Severance Pay: Demand Letter Tactics That Work
When you're negotiating a California executive severance package, the demand letter is often the turning point. It’s not just a letter, it’s the foundation of your leverage. A well-crafted severance pay demand letter sets the tone for the entire negotiation, frames...
Defamation and Wrongful Termination: What California Employees Need to Know from Hearn v. PG&E
Workplace investigations can have serious consequences for employees, especially when they result in wrongful termination and defamation (damage to an employee’s professional reputation.) The case of Hearn v. Pacific Gas & Electric (PG&E) highlights the legal...
What Do These Legal Words Mean? 42 Common Employment Lawsuit Terms
Most regular people get lost very quickly when confronted with legal terminology, making it very difficult to understand what is going on in a lawsuit. To help you better understand your rights and the process under the Fair Employment and Housing Act (FEHA), here’s a...
Wages Owed at Termination: What Are Employees Entitled To?
Leaving a job can be a challenging and emotionally charged experience, whether you decide to quit or you get fired. Beyond the personal and professional implications, ensuring you receive all of your earned wages owed at termination is critical to protecting yourself...
How Do I Avoid Mistakes When Negotiating a Severance Agreement?
When faced with a California severance agreement, nearly all employees find themselves navigating uncharted territory and face uncertainty because they want to avoid mistakes when negotiating a severance agreement. Typically, most employees have little to no prior...
Effective Severance Agreement Negotiation
For many California employees, being presented with a severance agreement is unexpected and confusing. Unlike other employment documents, severance agreements always arrive at a pivotal and often emotional moment: when your employment is ending. In that moment, it’s...
All Common Severance Agreement Clauses Explained
Employees Must Understand All Aspects of a California Severance Agreement Before Signing Their Rights Away Understanding all of the different terms and conditions of a severance agreement proposed by your employer is a critical step in protecting your rights as an...
Misclassification of Employees As “EXEMPT” versus “NON-EXEMPT” From Overtime: Understanding the Important Differences
Misclassification of employees is a common tactic used by California employers to steal wages from employees. By misclassifying employees as exempt, employers deny them rightful overtime pay, meal and rest breaks, and other critical protections, effectively pocketing...
Establish a Strong Claim for Wrongful Termination: Practical Advice
Many employees who feel they have been unjustly fired believe they can establish a strong claim for wrongful termination. While unfair treatment can be deeply frustrating and demoralizing, it is essential to recognize that not all terminations, even those that seem...
Top Ten Wage Theft Scams
California employers often engage in deceptive practices to withhold or underpay workers, exploiting gaps in labor laws or deliberately bending the rules. From improperly misclassifying employees as “exempt” from overtime to avoid paying overtime to denying mandated...
Performance Improvement Plan (PIP): An Employee Guide
California employees often misunderstand what a Performance Improvement Plan actually signals. In California, a PIP is usually the first formal step in documenting a potential termination, even when the employer claims it's supportive. Understanding what a Performance...
New 2025 Laws to Protect California Employees
New laws to protect California employees are set go into effect in 2025. These new laws include updates to existing laws in areas such as workers' compensation, whistleblower protection, family leave, and anti-discrimination measures. Here's an overview of how these...
I Just Got Fired: What Should I Do Right Away
Introduction: I Just Got Fired: Guidance for California Employees Immediately After Termination. Getting fired from a job is a traumatic event for any employee. Most of the time, it is entirely normal for the employee to disagree with the employer’s termination...
After a Difficult Meeting With HR: Advice for Employees
As discussed in Matt’s two prior blogs advising employees what to do to prepare for a meeting with HR and what to do during a meeting with HR, what an employee does and doesn’t do after a difficult meeting with HR is very important. For most people, a difficult...
Meeting with Human Resources: Tips for Employee Success
Most employees do not relish the opportunity to meet with Human Resources to discuss problems. Instead, most meetings between an employee and HR are initiated by HR to address an employee’s performance problems, to interview an employee about alleged workplace...
Preparing to Meet with Human Resources: Practical Advice
The Dreaded Meeting with Human Resources: How Employees Should Prepare for the Meeting In this blog post, Matt Ruggles explains what an employee should do and what an employee should not do when preparing to meet with Human Resources. Preparing to meet with Human...
Pregnant Workers Fairness Act: A Guide for Pregnant Employees
In 2023, the U.S. Congress enacted the Pregnant Workers Fairness Act (PWFA), ushering in a new era of protections for pregnant employees. The Equal Employment Opportunity Commission's (EEOC) regulations interpreting the PWFA took effect in June 2024, setting clear...
The At-Will Employment Hoax: How Employers Cover Up Wrongful Termination
Introduction Almost everyone that has ever held a job has heard of “at-will employment.” If there is one employment policy that all employers make crystal clear during the hiring process, in the personnel manual, on every single form, in every single policy, and in...
Employment Lawsuit Deposition: A Guide for Employees
Introduction A deposition is an integral part of almost all lawsuits, but is particularly important in employment lawsuits alleging claims for harassment, discrimination, retaliation or wrongful termination of employment. For plaintiffs (usually the former employee...
Workplace Retaliation: Manufacturing Industry Case Study
Introduction to Workplace Retaliation Case Study Overview of Employment Law and Workplace Retaliation Employment law protects employees from unlawful treatment, including wrongful termination and workplace retaliation. Workplace retaliation occurs when an employer...
California Employee Misclassification: How Employers Steal Pay
California Employee Misclassification: How Employers Steal Your Overtime Pay In California, employers often misclassify employees as “exempt” from overtime to avoid paying overtime wages, and instead pay the employee a salary – the same amount every two weeks...