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For information or advice on non-employment matters, please contact us directly.
For Employees
Few legal relationships are as complex or as important to our society as the employer-employee relationship. People need jobs to support their families and to fulfill their social needs and instincts through gainful employment. Likewise, employers ne…
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Wage & Hours
As an employee, one of your most fundamental rights in the employment relationship is to be paid wages. The wage & hours laws are complex, but, generally, if you perform menial work or hard physical labor for 50% or more of your time on the job,…
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Discrimination and Wrongful Termination
Nobody likes to lose their job. Unfortunately, there is a legal presumption that employees are employed “at will,” which means that you can be let go for good cause, bad cause or no cause at all. There are only a handful of exceptions to the empl…
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Workplace Harassment
On-the-job harassment is one of the most devastating and humiliating experiences that a person can go through. Harassment can come in many forms such as: name calling, teasing, ostracizing, verbally assaulting or threatening, physically assaulting, s…
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Bad References – Defamation
Most employers know better than to say anything negative about their former employees. However, it still happens. The consequences of bad references can be devastating. Employees may go for long periods of time without finding gainful employment beca…
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For Employers
Every day, thousands of frivolous or non-meritorious charges of discrimination and lawsuits are filed against employers. Even if the case is non-meritorious, defending against a lawsuit can be extremely expensive. Moreover, nobody likes being accused…
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Termination Dos and Donts
Terminating an employee is a difficult decision for most people to make. Before terminating an employee, carefully consider the reasons, and then ask the following questions: Has somebody else done something similar in the past and not been terminate…
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Wage & Hours
The California Labor Code and the Industrial Welfare Commission’s Wage Orders provide complex and detailed rules and regulations governing payment of wages. Litigation over wage & hours matters is becoming more and more common and can result in…
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Employment References
Generally, employers should only provide dates of employment, whether the employee was terminated or resigned, and whether the employer would re-hire the employee. Employers who give any additional information could be held liable for defamatory or n…
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Severance Agreements
Another great way to limit your liability in terminating an employee is to provide a severance agreement. A severance agreement is an agreement where the employee agrees to release the employer from any and all liability and the employer agrees to pa…
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Defending Against Lawsuits
Kevin Schwin is devoted to representing primarily employees. Thus, Mr. Schwin is not willing to defend employers in lawsuits. However, sometimes employers sue employees for various claims. If you have been sued, or are about to be sued, by your curre…
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