California Labor and Employment Law

My Boss, the Equal Opportunity Jerk

Every office has got one. A jerk whose sole mission in the workplace is to make everyone else miserable. If you’re really unlucky, that jerk happens to be your boss. I get a lot of calls from people that go something like this:

“My boss is a total jerk. He constantly yells at everyone and treats everyone like dirt. He makes ridiculous demands and picks fights with people all the time. Because of him, a lot of people have quit. (more…)

Popularity: 37% [?]

Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

“At-Will”. California is an “at-will” employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she

1. doesn’t like you
2. thinks you’re too tall or short
3. thinks you talk too much or too little
4. is upset you didn’t say “Good Morning” to her in the right way
5. is mad you made the coffee too strong and forgot the cream
6. dislikes your shirt
7. thinks you’re too fat or thin
8. thinks you’re too ugly or good-looking
9. mistakenly thinks you did something that you didn’t
10. is in a bad mood and you happen to be the closest one to her
11. and on and on.

(more…)

Popularity: 43% [?]

Can I Tape Record My Boss?

Here’s a question I hear every now and then from clients. The answer is: generally, no, you can not legally tape record conversation with your boss or anyone else without their permission or consent. In other words, you can’t do what the FBI does on TV when they put a wire on a snitch and the snitch then tries to trick an unsuspecting mobster into making a damning confession. Why can the FBI while you can’t? They have a warrant . . . or so they should, anyway.

AN IMPORTANT BUT: if you and other person(s) are having a conversation “in a public (more…)

Popularity: 50% [?]

Top 5 Tips: So You Want to Sue Your Boss?

So you want to sue your employer for racial discrimination, sexual harassment, whistleblower retaliation, failure to pay you your last paycheck, what have you. Now what? Here are five tips all clients should keep in mind before they pick up the phone to call a lawyer.

Tip 1: Write it, don’t say it. People think it’s enough to complain, request or report things orally to their employer. They complain about discrimination to HR over the phone. Or they tell their supervisor about a health and safety code violation. Well, what are you going to do when HR or the supervisor denies you ever talked with them? Don’t believe it? Happens all the time. Avoid the “he said, she said” by communicating with your employer by emails or send letters (certified mail, return receipt requested). (more…)

Popularity: 43% [?]