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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 of being a racist or sexist. For this reason, employers and supervisors often become just as emotionally distraught as the employee who is complaining.
Although current employees can and do file complaints against their employers for allegedly unlawful employment practices, most cases involve former employees who have been terminated. Former employees often file weak or non-meritorious lawsuits because they are upset and they want to “get even.” The following will provide advice on how to limit liability and avoid lawsuits.
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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