Resources

Navigating employee performance issues in California demands a keen understanding of the state’s unique employment landscape. One of the cornerstones of effective and legally sound performance management is meticulous documentation. In California, where the presumption of at-will employment is tempered by robust employee protections, this becomes paramount. Think of it: if you need to defend against a wrongful termination claim, you’ll need specific examples of nondiscriminatory reasons supporting an at-will termination or underperformance, dates, times, and detailed records of feedback sessions. This documentation acts as your shield, especially if a claim of wrongful termination arises, which is a frequent concern in California. This isn’t just about covering yourself; it’s about demonstrating that your actions were based on legitimate, non-discriminatory reasons.

With the increase of raids conducted by the U.S. Immigration and Customs Enforcement (ICE) throughout the country, California employers must be prepared in case ICE conducts a raid at their workplace. Under AB 450 (the Immigrant Worker Protection Act), employers are forbidden from cooperating with ICE regarding unexpected search and seizures, and from voluntarily allowing ICE agents access to non-public areas or employee records without a judicial warrant or subpoena.  If ICE arrives, employers should calmly ask for legal documentation before granting access and immediately contact legal counsel to ensure compliance with state and federal laws.

In California’s competitive business landscape, protecting confidential information is paramount. Non-Disclosure Agreements (NDAs), also known as Confidentiality Agreements, serve as crucial legal tools for safeguarding sensitive data, trade secrets, and proprietary knowledge.

With the holiday season upon us, California employers may be eager to foster camaraderie and celebrate the year’s achievements. However, office holiday parties can bring unique legal risks. Here are some best practices to help employers manage these events while maintaining a positive and compliant workplace environment.