Posted on January 11, 2017 by Julie Brook, Esq.
Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have every right to let an employee go if this evaluation is negative. But watch out: Unless employers take the proper precautions, probationary periods may create implied contractual rights to employment on successful completion of the probationary period. In other words, employers may be stuck with the employee despite a poor post-probationary period evaluation. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: at-will employment, employee handbook, employee on probation, employment policies, human resources, implied contract, probationary period | 2 Comments »
Posted on April 15, 2016 by Julie Brook, Esq.
Sabbaticals have been traditionally used in the academic setting to give university teachers one year of paid leave to study or travel for every seven years worked. Now some private, nonacademic employers—particularly in the “new economy”—are grabbing onto the idea as yet another creative perk for employees. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employee benefits, employment benefits, HR, human resources, paid time off, PTO, sabbatical leave, vacation leave | Leave a comment »
Posted on March 23, 2016 by Julie Brook, Esq.
Employers are often asked to allow an employee to telecommute as a reasonable accommodation for a disability. Should employers always grant such requests? What considerations come into play? Here’s a checklist to help employers consider and respond to a request to telecommute as an accommodation. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: disability discrimination, employment discrimination, HR, human resources, interactive process, reasonable accommodation, telecommute agreement, telecommuting | Leave a comment »
Posted on December 16, 2015 by Julie Brook, Esq.
The California legislature has enacted several new laws that will affect every employer and employment lawyer in 2016. Here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, HR, human resources, new laws, new legislation | 3 Comments »
Posted on July 27, 2015 by Khanh Tran
Given the employer’s duty to “take all reasonable steps” to prevent discrimination, harassment, and other unlawful practices (Govt C §12940(h)(5), (k); 29 CFR §1604.11(d)), employment lawyers can expect to conduct—or assist a client in conducting—a workplace investigation. Although most will be well-acquainted with the fact-finding process, the role of a litigator and the role of an investigator are quite different and implicate different goals, interests, and naturally, a whole host of different problems. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: disciplinary investigation, HR, human resources, sexual harassment, work place investigation | 2 Comments »
Posted on June 22, 2015 by Julie Brook, Esq.
It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how the laws interact with each other. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: California Family Rights Act, CFRA, employee leave, Family Medical Leave Act, FMLA, HR, human resources, pregnancy leave, sick leave | 4 Comments »
Posted on May 13, 2015 by Julie Brook, Esq.
A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should include provisions aimed at educating all workers about the rights and obligations of whistleblowers. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: employee handbook, employment policies, HR, human resources, retaliation, whistleblower claims, whistleblower policy, whistleblowing | 3 Comments »