California law on bereavement leave at work can be divided into two categories: private and public employment. If you are an employee at a private company, as of this date, your employer has no obligation to provide any bereavement leave, although the employer may choose to include time off for…
San Francisco Employment Law Firm Blog
Time Off To Be Tested For An Illness May Be A Protected Leave
The California Court of Appeal has recently issued a decision in the Ross v County of Riverside case, which is quite helpful to those employees who take time off to be tested for a serious illness, whether they end up being actually diagnosed with it or not. The court took…
How to Decide Whether to Sue Under FMLA or CFRA Or Both
If you are bringing a lawsuit against your employer for violating your medical leave rights, there are a number of possible important reasons why you should consider including only FMLA, only CFRA or both claims in your lawsuit, even if they appear to be in many ways similar: Avoiding removal…
How To Make Your AWOL Termination Case Stronger
One of employers’ most common defense in AWOL termination cases is claiming that the employee was not fired but he “automatically resigned”. The video below talks about one strategy on how this defense can be effectively defeated:
Proving Retaliation Case For Reporting Tax Fraud in California
A accountant, auditor or any other finance professional needs to know a few critical things about proving retaliation case for reporting tax fraud. In those types of cases, you may want to obtain through discovery copies of the relevant tax returns to show fraud. However, the company can avoid producing…
Start-Ups: A Critical Issue In Investor Rights Agreements
One important issue that you should pay a particularly close attention to when entering into an investor rights agreement with the people who are looking to invest into your start-up is the section in that agreement that talks about the degree of involvement that investors will have the right to…
Three Common Misconceptions About Wrongful Termination Cases
It’s important to be aware of the following three typical misconceptions that many wrongful termination claimants have, so that you don’t have the same incorrect ideas about the process of pursuing your case: 1.”This is not about money, but about justice”. I hear this statement quite often. Clients really want…
Most Employee Non-Solicitation Agreements Are Not Enforceable In California
In the past, in many states, a restraint on the practice of a trade or occupation, even as applied to a former employee, was deemed to be valid if it was “reasonable”. However, California long ago rejected the so-called ‘rule of reasonableness’ when it enacted Civil Code sections 1673 through…
Employee / Contractor – Understanding The California “Dynamex” Decision
By now, the California Dynamex decision (Dynamex Opertions West Inc. v. Superior Court) has been thoroughly discussed and analyzed in many publications and legal seminars. However, here is the big picture that both workers and especially employers should keep in mind, as it will help them understand what’s behind this significant ruling,…