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Author Archive
Melinda Garcia
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At-Will Employment: Explanation and Rules for Termination

California is an at-will state, but what does that actually mean? The definition can be spun depending on which side of the employment agreement a person is on, but the most common way of explaining what it means to be at-will is that each party to the agreement has more freedom to terminate the employment Read More

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Has California Copyright Law Gone to the Birds? PETA Says Maybe it Should

Anyone who lives in California long enough will at some point in their lives hear about the activities of certain activist groups who file lawsuits in the names of those who cannot speak for themselves. The People for the Ethical Treatment of Animals (PETA) recently filed a lawsuit requesting that the U.S. District Court in Read More

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Much Ado Uber Nothing? The Fight Continues

The latest update in what is turning into an extended legal battle in the California court system is that the drivers suing rideshare company Uber have been authorized to proceed as a class. While the war is far from over, the latest ruling in this case has been a ‘win’ for the plaintiff drivers in Read More

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Mergers & Acquisitions: California Supreme Court Issues Corporate Friendly Insurance Decision

  When companies engage in growth through a merger or acquisition, the intent is to build a stronger entity that will reap bigger benefits for shareholders. There are numerous complex considerations that a company’s leaders face when making such a decision, including whether there are any outstanding litigation issues that they need to be aware Read More

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Employee Rights When Facing Mass Layoffs or Reductions in Force

No employer wants to lay off large numbers of employees as it is typically a symptom of an economic downturn. Unfortunately, layoffs and reductions in force are a part of doing business as they are one tool of many that companies can use to stay viable in a down market. Making such a decision does Read More

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Sexual Harassment in the Workplace: Prevention and Response

As one Golden State vice-mayor is discovering the hard way, even an allegation of sexual harassment in the workplace can have serious negative side effects on an entire office. In political situations these types of allegations can quickly derail a person’s career, and in a more typical office setting allegations of sexual harassment can develop Read More

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The Future of Uber

Transportation services have historically been heavily regulated due to their impact on the public. It makes sense that taxi companies are monitored as they are often trusted to safely and efficiently convey a city’s citizens and visitors around the city’s streets. Since the invention of cell phones, smart phones, and the applications that run on Read More

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Negotiating Executive Employment Contracts: Promises and Pitfalls

One of the greatest assets a company has is its employees, which includes a company’s senior leadership. Most companies are not able to consistently find high quality leaders with the right combination of visionary talent and business savvy within their own ranks, and it is very common for them to seek executive talent from the Read More

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Landmark Ruling in Uber Labor Lawsuit

  A recent decision by the California Labor Commissioner’s Office states that a former driver of the ride-sharing company, Uber, should be classified as an employee and not as an independent contractor. The decision is nonbinding and Uber is appealing the decision in court. This ruling could have massive implications for the class-action cases currently pending Read More

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Fitbit Sued in Trade Secret Lawsuit

  One of the most popular health trends today is the wearable health tracking device. Now, one fitness tracking company is suing another for allegedly strategically luring away employees in a deliberate attempt to steal trade secret information. Jawbone is suing its rival Fitbit in a lawsuit for trade secret misappropriation filed in a San Francisco Read More

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Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"