Always striving not to reinvent the wheel, I keep my eyes open for articles that do a good job of explaining basic legal concepts. In that regard, I receve many calls from prospective clients who don’t yet know the fundamentals of pursuing an online defamation claim. Many times, the callers want to sue Google since it
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Interviewing prospective employees is an amazing process. How long does an interview last? Ten minutes? Thirty minutes? Maybe an hour and a half if the interview is over lunch? And yet, even over such a short amount of time, it is amazing how some interviewees cannot keep from revealing their true natures. They are doing
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A case out of San Diego beautifully illustrates an issue that I frequently encounter with prospective clients, and provides a cautionary tale. The fact pattern is so common that I have given it a name — the “‘I Know Better’ Syndrome”, or “Syndrome” for short. The Syndrome arises when an employee takes a firm stand on
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When is a breach of contract also fraud? When the party never intended to perform. When do you get triple damages and all of your attorney fees for fraud? When you hire Morris & Stone (although your results could differ). Breach of contract is easy to spot, but business owners are often confused about what
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Back in June of 2009, I wrote about the Starbucks tipping case. Some rascally class action attorneys had won a huge payday, claiming that Starbucks was violating the sanctity of the community tip jar. You see, Labor Code section 351 states that no “employer or agent” shall take any part of the gratuity “left for
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Herein I violate the conventional wisdom that blog posts should be short, because I want a very detailed discussion of non-compete agreements available to both employees and employers. But in case you have time only for a quick takeaway, I first provide a summary and then the long tome. Summary: In a ruling long awaited
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As you know, Megan’s Law set up a website that lists registered sex offenders. Before extending an offer of employment, one might think that checking that website would be a quick way to make sure a sex offender is not being hired, especially if the job involves contact with children. One would be wrong. California
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California’s ”hands free” cell phone law took effect on July 1, 2008. The law prohibits all California drivers from using a hand-held cell phone or similar hand-held devices while driving a motor vehicle, unless configured to permit “hands free” talking and listening. The new law, Vehicle Code Section 23123, provides that “a person shall not drive
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Under California Labor Code Section 2922, an employee can be terminated at the will of the employer, absent an express or implied contract to the contrary (and assuming the termination does not violate public policy). Logic therefore dictates that if an employee can receive the ultimate demotion — termination — then the employer should also
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Nine percent of current employees and 12% of job applicants test positive for illegal drug use, the U.S. Department of Labor has reported. Given these numbers, and the fact that drug abuse is estimated to cost business $100 billion per year in lost profits, it is no wonder that many businesses are considering drug testing.
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