Articles Tagged with California employment attorney

AdobeStock_170059060-300x200Even with all the unexpected challenges of 2020, the California State Legislature still passed employment laws that will take effect in 2021. If employers do not change their employment practices to adhere to the new laws, they can face liability in an employment lawsuit or administrative sanctions from state agencies such as the Labor Commissioner. Learn more about some of the many changes that will take effect in 2021:

COVID-19 Laws

It should be no surprise that many of these new laws address the immediate safety concerns presented by the coronavirus pandemic. As noted by the California Chamber of Commerce, two bills took effect immediately upon signing in September 2020. The first expands supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by the federal Families First Coronavirus Response Act (FFCRA). The second creates a rebuttable workers’ compensation presumption for workers that contract COVID-19 under certain conditions. The law requires employers to report COVID-19 cases to their workers’ compensation carriers.

He may have looked the part, spoken well in the interview, and had the right experience. In fact, he seemed like a great fit for your company. It’s only after a few months that you realize why he was available in the first place. Employees who clearly engage in wrongful conduct such as sexual harassment, violation of company policies, or constant tardiness are often easier to terminate than employees who aren’t the right fit for the corporate environment. San Jose businesses may fear wrongful termination litigation after firing an employee for causing dissent among the staff or failing to embody corporate values. California, like most states, is an “at will” employment state. This means that absent a contract, you have the right to terminate an employee at any time and for any reason that doesn’t violate state or federal law.

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Avoiding Wrongful Termination Lawsuits in California – 2 exceptions to the rule

1. Although California is an “at will” employment state, there are two notable exceptions to this rule. First, an employee with an employment contract may be protected from a termination “without cause.” This means that there must be a justifiable reason for her termination as defined in the employment contract. The employee may also be entitled to certain notice and disciplinary warnings before termination. We can review any employment contracts at issue to ensure a termination complies with these provisions.

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