LABOR & EMPLOYMENT

With the expansion and complexity of California employment laws, our clients rely on us more than ever. We review and draft employment handbooks, agreements, policies, and address various day-to-day issues. Below is a general overview of business employment issues:

• Hiring. Hiring is the process of locating, interviewing, and sending an offer letter to an individual. Generally, most businesses do not focus on this phase past a general job posting. We recommend additional processes and procedures during this phase. California laws are strict when addressing hiring and employers need to be careful.

• Onboarding. Onboarding is the process of hiring an individual to work for the business. Even though easily done, there are certain forms, policies, and documents that we recommend new employees receive, in addition to the disclosures required by the State of California.

• Job Description. A job description lists the employees’ job duties, qualification, pay, reporting, limitation, and other important, job-related information. The job description is not employee-specific, rather position related. There are certain recommendations that should accompany a job description that often save employers in lawsuits.

• Offer Letter. Once a candidate is ready for onboarding, an offer letter is generally generated and sent to the candidate. The offer letter specifically outlines the pay rate, job duties, conditions, start date, and other job-related conditions such as signed contracts, employment eligibility, and other documents. An offer letter is an important milestone and often protects the employer and the employee.

• Discipline and Improvement. Problems at work with an employee must be addressed in a certain manner. Failure to do so or just terminating the employee may create more issues in the future.

• Benefits. Great employees are hard to find. Once found, employers must take strategic steps to reward its employees and retain them. Benefits are the one of the more popular methods of employment retention. Benefits introduce a new dynamic into the business. Some are required while some are not.

• Terms of Employment. Terms of employment are generally addressed in an employment agreement or an offer letter if it is at-will employment.

• Employee Handbook. An employee handbook is a set of policies that the business has. Handbooks vary depending on the needs and requirements of the business. Some policies are reiteration of an existing legal requirement while others are purely optional. An employee handbook is a great tool to demonstrate to employees the set of standards they and the business adhere to. The handbook must be drafted by a lawyer since it contains many legal pitfalls a layperson may now know exist. Most handbooks are not comprehensive enough and do not address the crucial elements that we believe are an absolute must. Our firm provides a set of flexible arrangements to make a handbook a possibility.

• Policies. Policies are documents that the employer enacts that are in addition to the existing handbook. We recommend that all policies be confined to a handbook unless they are temporary. A formal, written policy is always recommended as opposed to verbal and vague changes. The business is protected when policies are written and acknowledged by the employee.

• Termination. Termination is the process whereby an employee is terminated from the company. We recommend a formal termination process that triggers certain protocols. Often, when emotions run high and there is a lack of guidance, most employers make many mistakes that come at a high cost. We recommend retaining an attorney to assess the situation and advise on next steps. Even though the process varies, generally, the employer must provide certain disclosures to the employees.

• Settlements. A settlement is a process whereby an employer settles a dispute with employees. It typically involves a severance and separation agreement where in exchange for a severance payment, the employee releases the employer from any liability. There are certain requirements that need to be met when these agreements are used.

• At-Will Employment. At-will employment is the default form of employment unless otherwise specified in an employment agreement. At-will employment means that both the employer and the employee may terminate employment without notice.

• Employment Agreement. Employment agreements are agreements between the employer and the employee. They are typically a guarantee that an employee will remain with the employer for a period and cannot be terminated unless a triggering event occurs.

• Employee Intellectual Property Agreements. When hiring managerial employees, there is always a risk the employee will take confidential company information and/or claim to own inventions. The employee IP agreement ensures that the confidential information is identified, dissemination restricted, and any intellectual property assigned to the company. These agreements must be narrowly drafted to ensure courts do not interpret them as non-compete agreements, which are unenforceable in California.

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