Opposing Conduct Unlawful Under EEO Laws: An Updated Perspective

In its newly released “Enforcement Guidance on Retaliation and Related Issues” (August 2016) (the Guide) the Equal Employment Opportunity Commission (EEOC) provides a much needed update to its previous interpretations of the law of retaliation. The newly released Guide replaces the EEOC’s former Compliance Manual Section 8: Retaliation which was last issued in 1998. Specifically, the Guide […]

Merchant Group Ethics Presentation

Southern California Attorney Teresa A. McQueen, Principal Attorney at SAFFIRE LEGAL, PC, speaking at a local OC Merchant Group Networking Event, gave the following presentation on promoting ethics in business. “Good Morning and welcome. My name is Teresa McQueen and I want to thank you for joining us for this morning’s presentation on promoting ethics […]

Select Task Force on the Study of Harassment in the Workplace: Excerpts from EEOC Select Task Force Executive Summary & Recommendations June 2016

Recommendations proposed in the EEOC Select Task Force Report on the Study of Harassment in the Workplace (June 2016) advocate a ground-swell of top-down change in how anti-harassment training in workplace is approached. Excerpted recommendations made by the EEOC Select Task Force include the following: “Training Must Change. Much of the training done over the […]

Thoughts on Termination

Under California law (Cal. Lab. Code §2922), there is a presumption that all employment is terminable “at will.” Meaning, the employment relationship has no specific term and may be terminated at the will of either party with or without notice and with or without cause. This public policy, that individuals should be free to engage […]

Advantages and Disadvantages of Utilizing Independent Contractors in Your Business

The language used in establishing a true independent contractor relationship is important. The distinction between forming an employer/employee relationship and an independent contractor/principal relationship is as much found in the performance of the work as it is in the language that initially forms the relationship. So, what are we really talking about when it comes […]

“Should I friend job applicants so that I can see what they really have to offer?”

While it has become common practice in the business world to “Google” or perform a social media search on job applicants, actually “Friending” a job applicant could get you or your business into trouble. As they say, “you can’t un-ring a bell!” Refusing to hire an applicant because of information discovered on their social media […]

“Can my employer require me to give them access to my social media accounts?!?”

Generally speaking, no. An employer cannot require its employees to: Disclose a username or password for the purpose of accessing personal social media; Access personal social media in the presence of the employer; or Divulge any personal social media, except that employers do maintain an existing right and obligation to request that you provide personal social […]

“Can I terminate an employee for posting comments about the company online?”

It would really depend on the factual situation. But, generally, employees are protected in making off-duty comments online concerning the terms and conditions of their employment which would include comments concerning: working conditions, pay, promotion selection criteria, quality of supervision and the like.* * No Legal Advice Intended: This website includes information about legal issues […]