a California Employment Lawyer's Blog

Disclaimer This Blog is not legal advice; this entire website and its contents are general information for California employees. For legal advice, consult your lawyer or hire me!  No interaction with this website creates an attorney-client relationship or privilege. Copyright Thomas C. Walker, Esq. © 2015-7. All rights reserved.
Non Compete Game Changer – Calif. Labor Code Section 925, SB 1241 (October 2016)
One dirty little secret of Silicon Valley companies is the hiring of leased employees, contract employees, subject to non-competes / non-employment restrictions by their primary “vendor” employers.  <<< read more >>>
The BATNA of Severance Negotiation (June 2016)
The Best Alternative to a Negotiated Agreement in the context of severance negotiations has a speculative value for both parties, and this fact presents an opportunity for leveraging and interest positioning. <<< read more >>>
Politics, Freedom of Speech, and the Workplace (May 2016)
In a 2012 article humorously titled “Where Free Speech Goes to Die: The Workplace”  Bloomberg writer Michael Dolgow correctly noted there is no First Amendment right to free speech in private employment scenario.  <<< read more >>> 
Attacks on Restrictive Covenants in Severance Agreements (April 2016)

When the US government agency and National Labor Relations Broad attacks what has been fairly standard language in severance and release agreement it’s worth noting.  <<< read more >>> 
Two Weeks Notice & HR Myths (February 2016)

If you been employed this last decade you likely have seen through several human resources myths, like “Employees are our most important assets”, and “Our Code of Conduct requires honesty and professionalism by all members of management”.   One that persists is the requirement to give two weeks notice at time of resignation.  Really?  And, how does that square with an employer’s favorite doctrine of “at will” employment?
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Disruptive Reality ~ MisClassification (January 2016)

Yellow Cab Cooperative Inc. of San Francisco and Yellow Cab Chicago have filed for bankruptcy.  The trigger was huge verdicts for personal injuries to passengers, the latest in San Francisco involved a driver that Yellow Cab asserted was not an employee.  The judge saw it differently, holding Yellow Cab must pay $8 million to its passenger, even though Yellow Cab said it had no responsibility for the conduct of the driver.  <<< read more >>> 
Benchmarking Severance [proceed with caution] (December 2015)

Industry practice surveys can be dangerous as bench-marking and strategy assessment tools.  They are by nature rear view mirror looking, exclusive to the target market of the surveying consulting firm, and present a rather narrow view of broad industry practices and trends.   <<< read more >>> 
Exits & Severance: Top Ten Negotiating Blunders (August 2015) 

I am not recommending a Do It Yourself approach to exit packages and severance negotiations, but I am hardly suggesting that the reader isn’t smart and savvy enough to represent themselves adequately, perhaps superbly. But, even the best negotiator may suffer from a lack of direct experience in this unique event, (and a third party perspective as an exiting employee), jumping into their own severance negotiations.  <<< read more >>> 
Severance Negotiation’s 7 Deadly Sins (May 2017)

As an employment lawyer who has worked with 100s of client in negotiating their separation package and improving severance pay, and consulting with 100s of others that have taken a do-it-yourself approach, I see many examples of bad negotiation thinking and attitudes.   <<< read more >>>
Workplace Bullies & Harassing Managers (June 2015) 

"Anyone who has suffered harassment by managers and co-workers knows how negatively it affects the quality of the employment relationship – often turning the workplace into a "hostile work environment." These behaviors can turn a dream job into a waking nightmare. Some forms of harassment, discrimination, and retaliation are illegal, but others are simply not legal issues with an obvious remedy."     <<< read more >>> 
Job or Career; Does it Matter? (May 2015) 

In my experience careers were noted by their linear progression: there is a beginning, middle and end.  You progressed as a naive learner,  accomplished performer, to becoming a senior authority and/or resource.  Jobs on the other hand a have a static quality, you are essentially the same resource to the employer on day 5000 as you were on day 1.   <<< read more >>> 
Non-Compete? Chained to a FOX by Contract (September 2015) 

Netflix counter-claims against Fox after Netflix was accused in a civil complaint of employee raiding, i.e. “poaching”. Netflix says, “Through its widespread use of unlawful restrictive fixed-term employment agreements,....  <<< read more >>>