Can Out-of-State Employers Enforce Non-Competition Restrictions in California?

It is becoming commonplace for California employees to be employed by out-of-state employers.  In some situations, the out-of-state employer will take advantage of the more employer friendly laws of the non-California venue and require the employee to sign non-compete agreements … Continue reading

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Military Leave Medical Benefits Choice: USERRA or COBRA?

When employees take a leave of absence for military service, they are entitled to continue the health plan provided by their employer pursuant to two relevant statutes.[1] The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Consolidated Omnibus … Continue reading

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Good News for Employers: Employees Cannot Double Dip in both State and Federal Court

In the recent federal case of White v. City of Pasadena (9th Cir. 08-57012 1/17/12) the federal court ruled that it would not re-hear the same claims brought and lost in state court by a disgruntled employee. After being terminated from … Continue reading

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Can an Employee Be “At-Will” for a Specified Term?

Most employers and employees will agree that if they do not specify the term (or length) of employment, the employment relationship is “at-will”  — that is, either the employer or the employee may end the relationship at any time for any … Continue reading

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How to Handle a Request for Military Leave

Many workforces include active members of the military.  When an employee notifies an employer of an absence from work due to military service, a letter should be sent to the employee thanking them for the advanced notice (which is not … Continue reading

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