Every employer should have a program in place to ensure compliance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). The following checklist of steps for employers to take could, at a minimum, constitute such a program. Continue reading
human resources
Limits on Reinstatement After Employee Leave
When an employee’s leave is over, is there always a right to be reinstated? Short answer: Usually. But there are notable limits on reinstatement. Continue reading
What Not to Do When Terminating an Employee
Employers can substantially minimize the risk of wrongful termination litigation by ensuring that employees are treated fairly in the termination process. Here are the mistakes most often made by employers in the termination process and what to do instead. Continue reading
How to Write a Personal Leave of Absence Policy
In addition to vacation leave or paid time off, some employers offer personal leaves of absence. There’s no legal requirement to provide such leave, but many employers offer it, albeit with limitations. Continue reading
How to Respond to a Whistleblower
When it comes to a whistleblowing employee, how the employer responds can make all the difference. An inappropriate response can put an employer in legal jeopardy. Continue reading
Protect Trade Secrets with This Exit Interview Checklist
When it comes to protecting an employer’s confidential and trade secret information, the importance of a comprehensive exit interview can’t be overstated. Continue reading
Can Employers Control How Employees Take Vacation?
California employers have considerable control over when and how employees use their accrued vacation time, but there’s a major caveat. Continue reading
Can an Employer Require a Lie Detector Test?
Under California law, the answer is “no,” and under federal law it’s “probably not.” But some employers still want to give employees a polygraph, lie detector, or similar test. Continue reading
Can Employers Still Reject Applicants with a Criminal History?
When and how employers may consider criminal convictions continues to be a hot topic, both in California and nationally. Against this backdrop, AB 1008 amended the Fair Employment and Housing Act to preclude most employers from inquiring about an applicant’s criminal record or conviction history until after a conditional employment offer is made, and imposed new notice and disclosure requirements if this information is sought. Continue reading
Checklist for Employers Conducting Misconduct Investigations
Whenever an employer learns of employee behavior that’s inappropriate, unlawful, or violates company policies, it’s time to investigate. California law may require an employer investigation (e.g., for harassment), but even if not legally required, a prompt, fair, and reasonable investigation can help prevent or defend against a potential legal claim. Here’s a handy checklist for employer internal investigations. Continue reading
