Employment Law
Tricks of the Trade, Part 2: Trade Secrets and Inevitable Disclosure in California
A few weeks ago, we posted an article geared towards entrepreneurs who are striking it out on their own with a new business venture. We provided some tips on how to make sure you leave behind all files and documents that your former employer might classify as “trade secrets” to avoid misappropriation allegations, but closed [...]
Tips for Entrepreneurs: Hiring Employees in California
Congratulations! Your business is expanding, work is pouring in and you think it’s time to hire someone to help you handle it all. When it’s time to hire your first employee, it’s important to do everything “by the book” instead of “under the table.” Here’s a quick list of some of the important considerations and [...]
Trade Secrets and California Law – Defining Trade Secrets
For many businesses, success depends upon keeping certain, key pieces of company information strictly in-house. This information might be a certain technique or formula used to create a product, a client list, or a business plan- all of these could indeed represent “trade secrets.” Yet there is no hard-and-fast list of types of information that [...]
Independent Contractor vs. Employee: Misclassification Can Create Mess for Employer and Employee
Independent contractor…employee…”getting 1099′ed”…self-employment tax…these terms and their implications, in a legal and a tax sense, are complicated. At the outset of a company/independent contractor or employer/employee relationship, a clear relationship needs to be defined. Unfortunately, many times the relationship is not made clear because neither party understands the difference between an “independent contractor” or an [...]
What is Your Employment Law Case Worth in San Diego, California?
Griswold Law obtains a handful of new clients through this blog site, particularly individuals with employee-based claims. Naturally, I am interested as to how these clients are stumbling across my site. Through Google Analytics, I am able to review what keywords are used that lead people here. Among many different variations of internet searches, there [...]
California Employment Law: Non-Compete Clauses
A non-compete clause is a contractual term under which one party (typically an employee) agrees not to conduct business in direct or indirect competition with another party (typically an employer). The benefit to the employer is that the employee is restricted from leaving the company and going to work for a competitor of the employer [...]
California Employment Law: Severance Agreements…Sign or Don’t Sign?
The emotional state of an employee who has recently been laid off or fired is typically unstable to say the least. One of many concerns of the recently fired or laid off employee is, “where will I find a substitute source of income?” Employers are aware of this. I will not opine as to the [...]
California Employment Discrimination: Legal or Illegal?
The question posed in the title of this blog entry is one I deal with on at least a weekly basis, if not a daily basis. I speak with many prospective clients who feel they are victims of discrimination in the workplace. Each conversation involves a discussion of what constitutes “legal” discrimination and “illegal” discrimination. [...]
California Employment Law: Wrongful Termination in Violation of Public Policy, Retaliation, Whistleblower Protection
Generally, employees in California can be fired at any time for any reason based on the “at-will” employment doctrine. However, over the years in California many exceptions have been carved out of this general rule. The most common exceptions are found within the California Fair Employment and Housing Act (“FEHA”), which protects employees from discriminatory [...]
California Employment Law: Full and Prompt Payment of Wages to Employees
California has a long history of protecting the rights of employees and employees’ access to fair wages. The California Supreme Court famously stated, “it is manifest that wages due belong to the employee, and not to the employer…” The Court went on to highlight the “policy favoring full and prompt payment of wages…wages are not [...]