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Recent Posts
Flex Arrangements: Outmoded Laws Are the Chokehold
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Jennifer Carsen, Esq.
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How Can You Avoid Suits Relating To Hiring Practices?
Posted
05-15-2012
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Jennifer Carsen, Esq.
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Beyond Discrimination: What Else Can You Be Sued For?
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05-14-2012
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Jennifer Carsen, Esq.
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Calculating Overtime in California: The Importance of 'Regular Rate' Calculations
Posted
05-11-2012
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Jennifer Carsen, Esq.
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Meals and Breaks—‘Little’ Violations, But Fines Add Up Quickly
Posted
05-11-2012
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Jennifer Carsen, Esq.
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2012 Advanced Employment Issues Symposium
October 3-5, 2012
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October 31-November 2, 2012
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November 14-16, 2012
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Upcoming Webinars
Exemption Audits in California:
Practical Strategies for Conducting a Successful Self-Audit of Your Job Classifications
Wednesday, May 16, 2012
Travel Pay in California:
Know Your Compensation Obligations When Employees Are on the Move
Tuesday, May 22, 2012
Employee Meal and Rest Breaks in California:
What the Brinker Decision Means for HR
Wednesday, May 23, 2012
Accommodating Obesity as a Protected Disability:
How to Avoid Weight Discrimination Claims
Thursday, May 24, 2012
What to Save, What to Shred for California Employers:
What the Laws Say About Managing Personnel Files
Thursday, May 24, 2012
Succession Planning for HR:
Finding the Deep End of Your Executive Talent Pool
Wednesday, May 30, 2012
Talent Management Bootcamp:
The A to Z Strategy for Recruiting, Interviewing, Coaching, Mentoring, and Engaging Talent
Tuesday, June 5, 2012
Lifetime Income Benefit Regulations Explained:
New Options and Obligations for Employers
Friday, June 8, 2012
Commission Sales Agreements in California:
How to Manage Your Risks and Obligations Under A.B. 1396
Tuesday, June 12, 2012
Employee Tough Talks:
How to Drive Positive Change and Get the Results You Need
Wednesday, June 13, 2012
california employee termination
Terminating employees in California can get tricky - you need to remember the rules about exit interviews, final paychecks, employee references, and more.
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Recent Posts
Blog Post:
5 Reasons You Must Get the Employee’s Explanation
Jennifer Carsen, Esq.
Yesterday , attorney and trainer Allison West offered her "4 Serious Sins of Documentation." Today, her take on employee explanations, plus an invitation to join her at an informative, in-depth conference — specifically for California employers — in Berkeley next week. It's...
on
25 Oct 2011
Blog Post:
The 4 Most Serious Sins of Documentation
Jennifer Carsen, Esq.
Rule number one in documentation, says attorney and trainer Allison West, is to include all the details, but you have to ignore that rule because of rule number two—be concise. When doing your documentation, it's important to offer up all the facts, says West. Paper is cheap, she adds. However...
on
24 Oct 2011
Blog Post:
How To Implement Progressive Discipline
Jennifer Carsen, Esq.
Progressive discipline is a multi-step process. Today, we'll look at how to properly implement it, and the need for proper documentation. The usual steps are first oral and then written warnings, followed, if need be, by suspension without pay and finally by termination. Supervisors need to learn...
on
11 Aug 2011
Blog Post:
Progressive Discipline: What Supervisors Need To Know
Jennifer Carsen, Esq.
You can't ... and you shouldn't want to ... just terminate problem employees. There's a better way. Here's how to train on it. Attendance problems. Poor job performance. Safety violations. Abuse or theft of company property. If you've got problems like these at your workplace, you're...
on
10 Aug 2011
Blog Post:
Why Stopping Retaliation at Work Is So Tricky
Jennifer Carsen, Esq.
Adam worried that a dangerous chemical was being used without proper protection, and he reported it to Cal/OSHA. His boss, Stephanie, was not happy. "Adam's wrong," she said. "There's nothing unsafe about our process. And I'm miffed he didn't come to me first. I guess he's...
on
22 Jul 2011
Blog Post:
Dealing with “Termination-Resistant” Employees
Jennifer Carsen, Esq.
"I want to fire him, but I can't." It's true that some employees are "fire-retardant"— they are in a protected class or have performed a protected act — but this doesn't mean you can't fire them. However, you do want to slow down and be sure that you aren't...
on
14 Jun 2011
Blog Post:
Why You Need To Get Your Story Straight – Always
Jennifer Carsen, Esq.
What's one of the hardest wrongful termination lawsuits to defend? The one where the "story" of the termination is inconsistent between HR, the manager, and the documentation. Here's an example: The employee's performance is poor enough that he or she has to be fired. But the supervisor...
on
13 Jun 2011
Blog Post:
Time To Terminate? Not Just Yet…
Jennifer Carsen, Esq.
Managers always "want to get it over with" once they've decided they want to fire someone. That's no surprise, but HR can't let it happen. Step back and assess the whole picture before acting. Yesterday , we covered the critical termination policy issues that you must address. Today...
on
24 May 2011
Blog Post:
Don’t Terminate Without the Right Policies
Jennifer Carsen, Esq.
Terminations — where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR's SmartPolicies ® program, we'll review the key elements your policy should cover. Compensation, Benefits...
on
23 May 2011
Blog Post:
Liar, Liar: Dealing With Dishonest Employees
Jennifer Carsen, Esq.
When is it OK to fire a dishonest employee? Below, some points to consider before you take action. No one would dispute the fact that you have a right to expect your employees to be honest. You also have the right to fire the dishonest ones. Below are some important points to convey to your supervisors...
on
15 Apr 2011
Blog Post:
The Right Way To Respond To Employees Who Threaten Violence
Jennifer Carsen, Esq.
" Yesterday , Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we'll get his take on reacting to anger and violence, and we'll get a look at a unique program for the small (even one-person) HR department. Sometimes people think anger leads to violence, so they...
on
5 Apr 2011
Blog Post:
6 Essential Guidelines for Harassment Response
Jennifer Carsen, Esq.
It doesn't matter if your workplace is inherently prone to harassment, or even if the harassment is by someone other than your employees — either way, you're required to investigate and correct the situation promptly. Here are 6 essential guidelines for harassment response. Responding to...
on
31 Mar 2011
Blog Post:
What Happens When Harassment Is “Part of the Job”?
Jennifer Carsen, Esq.
Some jobs are just more inherently "harassment-prone" than others — being a Hooters waitress comes to mind. But a recent case shows that even employers in these types of industries have a duty to take prompt corrective action. In Turman v. Turning Point of Central California Inc ., recently...
on
30 Mar 2011
Blog Post:
Dos and Don’ts for Smart Harassment Investigations
Jennifer Carsen, Esq.
Yesterday , attorney Julie A. Moore offered some tips for initiating a harassment investigation. Today, her dos and don'ts for investigators, plus an introduction to a cost-effective A.B. 1825 training solution. Moore, who is president and founder of Employment Practices Group, offers the following...
on
15 Feb 2011
Blog Post:
Harassment Allegations Require Immediate Action
Jennifer Carsen, Esq.
As soon as an employee comes to you and says, "I'm being harassed," you need to address that allegation immediately. It may be that no harassment has actually taken place, but it's your job to launch a prompt, thorough investigation to find out. According to Julie A. Moore, Esq., president...
on
14 Feb 2011
Blog Post:
More Reasons Employers Get Sued
Jennifer Carsen, Esq.
Yesterday , we looked at the top 5 of a "hit parade" you want no part of: The most common reasons employers get sued. Today, we run down the rest of the list. Here are numbers 6-10 on the list of attorney Peter Janus, a partner with Siegel, O'Conner, Zangari, O'Donnell & Beck (for...
on
1 Feb 2011
Blog Post:
The Top 10 Reasons Employers Get Sued
Jennifer Carsen, Esq.
Get on this list of "Top 10 Hits," and you may be the one who takes the hit! If you think the music business is the only one with a list of "Top 10 Hits," think again. Employment lawyers have one, too. According to attorney Peter Janus, a partner with Siegel, O'Conner, Zangari...
on
31 Jan 2011
Blog Post:
New USSC Retaliation Decision = Bad News for Employers
Jennifer Carsen, Esq.
The U.S. Supreme Court has just ruled, in an 8-0 decision, that retaliation claims aren't limited to the employee who actually engaged in protected conduct. The case, Thompson v. North American Stainless , involved a woman who filed a sex bias charge against her company. The company then turned around...
on
26 Jan 2011
Blog Post:
Misconceptions About Sexual Harassment - And a Solution
Jennifer Carsen, Esq.
Meta-Description: Yesterday , we looked at 3 common myths about sexual harassment that can prove very costly to your company. Today, we look at 3 more, as well as a cost-effective training resource that meets all of your requirements under A.B. 1825. Click here for Myths 1-3 Myth #4: Sexual harassment...
on
20 Jan 2011
Blog Post:
Dangerous Myths About Sexual Harassment
Jennifer Carsen, Esq.
While it seems like managers should have gotten the message about sexual harassment by now, many are still confused. And that confusion can mean big potential liability for your company. Here are the facts about some of the most prevalent myths. Myth #1: Harassment is something supervisors do to subordinates...
on
19 Jan 2011
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