Articles Tagged with California Employment

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.

Fotolia_75565417_Subscription_Monthly_M-300x200If your business employs workers in California, you need to be aware of California laws that govern employer obligations and employee rights regarding overtime. Employer compliance is strictly enforced, and a failure to comply can result in a class action lawsuit against your business. California courts are known for being very employee-friendly, which can mean extensive liability for employers in overtime claims. At Structure Law Group, we can help your business understand the obligations regarding overtime and assist it with a plan to help manage those obligations.

Exempt vs. Non-Exempt Employees

California law requires overtime to be paid to all non-exempt employees. An employee is only exempt if they fit into a specific category codified by the State of California Department of Industrial Relations. The list includes many professions and occupations, but some of the more common business classifications for an exempt employee includes:

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