Settling Employment Cases: Think Beyond Money

thinkstockphotos-512549722When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading

Fired Employees Can’t Just Sue and Wait for a Payout

ThinkstockPhotos-187980110An employee who’s been laid off or fired and believes that it’s due to unlawful discrimination can’t simply sue and then sit around waiting for a payout from his or her former employer. Rather, the law requires that he or she get out there and look for another job—or risk a hit to any back pay damages. Continue reading

4 Defenses to Employee Defamation Claims

ThinkstockPhotos-469838082The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in the hearts of employers, but employers do have some powerful defenses to call upon. Continue reading

Should You Go on the Offense Against a Wrongful Termination Plaintiff?

493444849When sued by a former employee for wrongful termination, many employers feel that the best defense is a strong offense and want to attack back with a cross-complaint. But is this a good game plan? Continue reading

Got an Employment Case? Consider Mediation

mediation_80405170Deciding whether and when to mediate an employment case can be complex, but here are some factors that will help both sides of the case make the decision. Continue reading

10 Steps to Successful Mediation

10steps_121366302In California, fewer than 5% of civil cases filed actually go to trial. Some actions are dismissed or terminated on motion, but most cases settle. Given this reality, you need to be ready for a successful mediation. Continue reading

An Overall Victory for Employers in Mixed-Motives Cases

The following is a guest blog post by Jeffrey Osofsky, an attorney at Munger, Tolles & Olson LLP in Los Angeles with a practice focusing on defending employers and individual managers against employment-based lawsuits. Mr. Osofsky wishes to thank Munger Tolles Partner Terry Sanchez for his assistance with this post.

stress_160488269California’s Fair Employment and Housing Act generally prohibits employers from basing their employment decisions on certain protected characteristics (race, sex, pregnancy, etc.). But what happens when an employer sued for discrimination can show that, despite any unlawful consideration, it would have reached the same decision about that employee anyway?  Continue reading

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