Friendly Forum For California Employees

Posted by Marc Kroop on Thursday, September 8th, 2011

California employers often require employees, as a condition of employment or continued employment, to sign a document agreeing to have any future employment claims determined in accordance with another state’s laws (“choice of law” provision). Such documents often also designate foreign states (or even foreign countries) as the only appropriate location for such claims (“choice of forum” provision). These provisions have both the purpose and effect of depriving California employees of the rights guaranteed to them under California’s strong employment laws. For example, an employee terminated by her employer because of her recently announced pregnancy will likely forego her right to sue her employer for wrongful termination when she realizes she must file her in...

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Before You Agree To Arbitrate Your Employment Law Claim, Part 2

Posted by Marc Kroop on Monday, August 15th, 2011

From our point of view, there is little fairness for employees subject to arbitration agreements. This is the second post in a two-part series - part one covered Getting Educated About The Facts.

It's All About Fairness

At the outset of arbitration, the process of picking an arbitrator is generally accomplished by agreement between the parties. However, if an arbitrator cannot be agreed upon, one is assigned to the case by the arbitration company that manages the case and has the list of available arbitrators. The employer and defense attorneys who regularly arbitrate employment law cases are well aware of the panel of arbitrators and will...

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Before You Agree To Arbitrate Your Employment Law Claim, Part 1

Posted by Marc Kroop on Wednesday, August 10th, 2011

As a matter of course of business, many employers insist that their employees agree to arbitrate any and all claims arising out of their employment as a condition of employment.

Employees who need employment to support themselves and their families often feel they have no choice but to accept their employer’s arbitration agreement. Many employees sign employment arbitration agreements but do not fully understand the implications of such an agreement on their future legal rights.

Get Educated About The Facts

Arbitration - Right From The Start Employers typically insert employment arbitration agreements into job applications prior to employment or as an attachment to an employee handbook that requires an employee acknowledgement at the outset of employment. Sometimes employment arbitration agreements are...

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Negotiating The Terms Of An Employee Separation Or Severance Agreement

Posted by Marc Kroop on Monday, July 25th, 2011

When an employer terminates an employee from his/her employment, the employer in many cases will offer the employee a separation or severance agreement that provides continuing pay and/or benefits for several weeks or even several months. Unless such separation or severance pay was offered as a hiring or retention incentive (i.e., contractually guaranteed) or pursuant to the closing of operations for certain large employers, separation or severance pay is not legally required. Employers often offer small amounts of separation or severance pay to avoid the prospect of protracted and expensive litigation with former employees. In exchange for the severance benefits, the employer receives the employee's written agreement not to sue the employer at any time in the future...

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