This Blog is not legal advice; this entire website and all comments are all general interwebz 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. © 2015-6. All rights reserved.
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, Fox is facilitating and enforcing a system that restrains employee mobility, depresses compensation levels, and creates unlawful barriers to entry for Netflix and others competing in […]
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. These are inserted in leasing organization / tech vendor employment contracts. These contract employees are prohibited from quitting to join certain named employers, and these restrictions often last […]
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.
In a 2012 article humorously entitled “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. Ask an employee that truthfully answered an HR survey about his manager’s performance and ethics, and found themselves on a performance improvement […]
When US government agencies and the National Labor Relations Board attack what has been fairly standard language in severance and release agreements it’s worth noting. Promises are Promises; but there as some promises that should never be asked for at the end of an employer-employee relationship. Although these prohibitions have yet to be written into […]
“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 […]
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, […]
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 […]
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. They should not be read as realistic guidelines for your severance deal, (and […]
In my working experience ‘careers’ were noted by their linear progression: there was a beginning, middle and end. You progressed as a naive learner to accomplished performer to becoming a senior authority and/or key resource. Jobs on the other hand a had a static quality, you are essentially the same resource to the employer on […]
“Mr. Walker, we have just one opening on our select Employment Lawyer Panel, and based upon your super reputation we are thrilled to extend an invitation for you to join us – assuming you can handle the flow of additional clients at this time.” In other words, “…we picked your name out of the phone […]
“…but the truth is, many companies are using reorganizations, glass ceilings, early retirement and layoffs as a cover for age discrimination.”, says Cynthia Shapiro in Corporate Confidential. The most recent Equal Employment Opportunity Commission statistical report I’ve reviewed appears to suggest that 70% of age discrimination charges are dismissed for “no reasonable cause” and a […]