Most Recent Posts in Employment Law 101
Defamation: What Is It?
Defamation involves the making of a false statement of fact about another person. Specifically, defamation is “a publication that is false, defamatory, unprivileged, and causes injury or damage.”
Employment Law 101: What are the statute of limitations for possible employment law claims?
A statute of limitations is the deadline for filing a lawsuit on a particular claim. In order to bring a lawsuit against an employer for a certain claim, the lawsuit must be filed within the applicable statute of limitations for the claims asserted.
I’ve Been Fired – What To Do
First, pursuant to Labor Code Section 201, when an employee is terminated, the employer must pay the employee all of their earned and unpaid wages immediately. If the employer does not pay the employee all of their earned and unpaid wages immediately, the employee can recover, as a penalty, their daily wages for each day that they do not receive all of their earned and unpaid wages for up to thirty days.
Non-Compete Agreements – What to Know
Generally Unenforceable
As a general rule, a non-compete agreement in an employment contract or a severance agreement is void as against public policy.
Wrongful Termination: When Does This Occur?
Most employees in California have “at-will” employment. This means that the employee can be terminated at any time, for any reason, so long as it is not an illegal reason.
The Basics of Litigation – From Complaint to Trial
Step 1: An Employee Files a Complaint
What is a complaint?
A complaint is where an employee states the factual and legal basis for their claim against their employer. An employee’s filing of a complaint begins the formal legal process.