How to Avoid Employee Lawsuits

Employment lawsuits are one of the most serious and costly problems that a business owner can encounter.  Unfortunately, it has become all too easy for an employee to initiate a lawsuit against their employer.  However, with proper documentation in place the employer can effectively reduce their exposure to employee lawsuits. Keep Detailed Records One of […]

How a Binding Arbitration Agreement Can Keep You Out of Court

In this day and age where employee lawsuits are commonplace, it behooves the employer to have their employees sign an arbitration agreement. Using arbitration agreements are on the rise, and since the 1980’s the Supreme Court has been supporting their use. In an unanimous decision, the California Supreme Court has held that an employer does […]

A California Employee Handbook is Critical to Protect Your Business

Within the last decade, California has seen a dramatic rise in employment litigation. Lawsuits brought by employees are a huge burden on the employer and drain valuable resources. While employers are not required by law to have a California employee handbook, it is critical for every business owner to have one. This is particularly true […]

Sample California Independent Contractor Agreement Information and Instructions

A California Independent Contractor Agreement is designed for persons or business entities who wish to hire other persons or business entities to work on an independent contractor (that is, non-employee) basis in California. Merely calling such a person an independent contractor, rather than an employee, does not necessarily change the nature of the relationship.  In […]

California Non-Compete Agreements and the Law

Non-compete agreements for employees are sharply restricted in certain jurisdictions.  For example, in California, such agreements are generally illegal and unenforceable (even when the parties attempt to specify the law of another state that is more amenable to non-competes will apply), the major exception being when such an agreement is entered into by the parties […]

How a California Employment Contract Changes Employee “AT-WILL” Status

According to the California Labor Code, California is an “at-will” employment state.  This means that absent an agreement, statutory or public policy, an employment relationship can be terminated by either party, at any time, without reason or liability.  This presumption of “at-will” employment can be overcome by three exceptions: express agreement, statutory exceptions, or public […]

Employment Interviews and Applications. (Questions You Should Not Ask)

Employment laws have changed significantly during the last 10 years and have become considerably more complicated. Employers need to carefully consider the questions they will be asking on an employment application and during the job interview. Many questions are now off-limits to ask. It is getting to the point where there are more questions that […]

Why a Non-Solicitation Agreement and Confidentiality Agreement are Good Alternatives to a Non-Compete Agreement

Non-compete agreements are a great tool for employers. They prohibit a former employee from working in a related field of business for a specified time and within a particular geographic area.  This of course prevents former employees from working for, and benefiting the business of, a competitor. Unfortunately for employers, non-competition agreements have been found […]

The Advantages of a California LLC Business

As a business owner, deciding on the structure of your company is one of the most important decisions you can make.  Limited liability companies are a relatively new type of hybrid business entity. California enacted The Beverly-Killea Limited Liability Company Act which allowed for LLCs to be created in California in 1996.  Since their inception, […]