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Preparing to Fire an Employee

Employment

Preparing to Fire an Employee


By DeAnn Flores Chase January 22, 2019    Category: Business Law

Preparing to Fire an Employee

In California, employees are regularly hired “at-will,” meaning that companies can, and do, let them go at any time and for (just about) any reason. However, there is more to letting someone go than just saying “you’re fired” and escorting them from the building. Because of the likelihood of an employee-employer relationship turning sour upon termination, it’s a particularly good idea for a company to have a formal, objective termination policy in place. A termination policy can also help to protect your business in instances of accusations that an employee was let go for a reason that is not legally... READ MORE

Crafting an Employee Handbook

As your business grows and you employ a number of people in different positions, you’ll want to consider putting together (and then periodically updating) an employee handbook. This document should be clear, well written, easy to search, and cover a number of different aspects about how your company’s policies will be applied. A handbook not only helps employees understand what is expected of them, but it also protects you in any potential future disagreement with your employees. Having clearly-written policies, which are then properly enforced, can be an integral defense in a labor dispute, and can even help prevent such... READ MORE

A Look Back at 2018


By DeAnn Flores Chase December 03, 2018    Category: Business Law

A Look Back at 2018

2018 has been an incredibly eventful year! This year, there were a number of developments in a number of sectors, including important changes in employment law, data security and privacy regulations, and tax rules and regulation. In this newsletter, we’ll “look back” on these developments and highlight for you some of the key changes from 2018 that may affect your business. Employment Independent contractors: California presumes that all workers are employees unless a business is able to demonstrate that they meet every element of the ABC Test: The worker is free from the control and direction of the hirer in... READ MORE

How to Avoid Common Hiring Pitfalls

As your business grows, you’ll bring in team members to help you manage everything from driving sales to keeping the books straight. Eventually, you’ll hire a human resources expert to help you manage your employees, but even before you grow to that point, you can still take steps to avoid stumbling into any common legal pitfalls in the hiring process. Application When searching for a new team member, you should start by creating a job description that makes it clear what you’re looking for and what it will take to be successful in the role. This is the time to... READ MORE

Hiring a Consultant for Your Business

If you’re growing a successful business, you’ve probably learned along the way that you can’t do everything. To help you grow your business, you may decide to bring in a consultant to help you tackle a certain challenge or to help you set up a new aspect of your business. Consultants are a great resource for any business, whether you’re looking for management advice or marketing assistance. They’re great at providing highly skilled help, but they are also a source of liability, and there’s a few things you will want to keep in mind before you retain a consultant for... READ MORE

How to Terminate an Employee


By DeAnn Flores Chase September 21, 2018    Category: Employment

How to Terminate an Employee

In an at-will employment state like California, you can, in theory, fire anyone at any time. However, state and federal legislation have particular exceptions to prohibit employers from firing someone for any reason. For instance, you cannot fire someone for refusing to do something illegal, or for a discriminatory reason (race, gender, religion, sexual orientation, pregnancy, and more). If you fire someone for the wrong reason, you can face a wrongful termination lawsuit. Setting Clear Policies on Termination  Your employee handbook is a great place to identify your company policies on discipline and termination. Outline these policies in your handbook,... READ MORE

Setting Up Workplace Policies To Tackle Harassment

Workplace harassment is a troubling and difficult subject that’s been increasingly prevalent in the news as more people come forward to discuss their experiences. As a result, businesses that may have previously considered themselves well equipped with policies to prevent and confront harassment are now reevaluating these policies and updating the types of training they provide to supervisors and employees. As a business owner, it’s important to have clear policies in place to reduce the potential for harassment. These policies help ensure your employees work in an environment that is professional and respectful so they can focus on doing their... READ MORE

Hiring in the Age of Social Media

It’s easier than ever to type a potential hire’s name into Facebook, LinkedIn, or Instagram and instantly find a wealth of information about them- especially if they haven’t recently updated their privacy settings. Conversely, social media can be a wonderful source of information on a potential hire and, in some cases, especially in sales and marketing, is a primary driver in considering the right person for a position. Recruiting Using Social Media Many employers now use social media as a tool for recruiting candidates through publishing job openings, advertising the company culture, and scouting for individuals who would fit the... READ MORE

Using Unpaid Interns This Summer

Recently, the U.S. Labor Department issued new guidelines for those companies who elect to hire college or graduate students as interns clarifying what employers should and should not do while employing unpaid interns. Many companies rely on student interns to handle a variety of tasks from conducting research and crafting social media strategies. Interns can provide an invaluable resource to companies by bringing in new ideas and helping companies navigate changing cultural and social expectations. These guidelines were issued in light of recent court cases, which made companies concerned that hiring an intern in almost any position would result in... READ MORE

Preventing Discrimination in the Workplace

The U.S. has a number of anti-discrimination and harassment laws that prohibit businesses from discriminating against employees based on a number of factors including age, disability, race, sex, pregnancy, and citizenship. Title VII of the Civil Rights Act: Amended in 1991 to allow victims to recover damages, sexual harassment is defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” This includes when a person in authority is demanding sexual favors from a subordinate and when sexual comments or jokes create a hostile... READ MORE