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Author Archive
Tod C. Gurney
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Wells Fargo California Whistleblower

An Occupational Safety & Health Administration (OSHA) whistleblower lawsuit filed by a former manager at a Los Angeles-area Wells Fargo has ended with an order by the Department of Justice (DOJ) requiring the bank to rehire the former employee, clear his personnel file, and pay $5.4 million in back pay and legal fees. According to Read More

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Corporate Governance: Director and Officer Personal Liability

A career as an officer, director, or shareholder of a corporation brings great opportunity to be a lauded visionary, strategic thinker, and the leader of a profitable venture, with accompanying compensation. That being said, this position comes with great responsibility and the risk of personal liability is real even when proper liability insurance is in Read More

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Informed Employers Can Help Avoid FMLA/CFRA Lawsuits

California-based employers who employ 50 or more workers face regulations beyond the federal employment laws through the California Family Rights Act (CFRA), which expands employees’ rights under the Family Medical Leave Act (FMLA). The most common, Walmart, with stores in every state in the nation, is allegedly having issues adhering to the federal law and Read More

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Application of the “Commercial Common Sense Test” in Contract Disputes

When it comes to commercial contract disputes, there is a lot that a judge will consider before making any determinations. One factor a judge will consider is whether or not the terms of the contract are clear and unambiguous. While this might seem obvious, many contracts contain provisions that read in such a way as Read More

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Layoff or Reduction-in-Forces: What Does Each Mean for You?

Layoff, reduction-in-forces (RIF), downsizing: Employers use these terms all the time to let employees go, but no matter how they phrase it, the bottom line is that you are out of a job. However, while the end result of each of these actions is always the same, what terminology your employer uses to let you Read More

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Understanding Employment at Will in California

Understanding Employment at Will in California All employers throughout California operate under the presumption that employees are employed “at will,” meaning that either the employer or the employee may terminate the employment at any time and without reason or prior notice. While that is true, employers should still terminate employment based on “a fair and Read More

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Are Employers Entitled to Monitor an Employee’s Company Cell-Phone?

In City of Ontario v. Quon, the Supreme Court ruled that employers have the right to read employees’ text messages – including personal ones – if they believe that the workplace rules are being violated. Though this ruling was handed down over six years ago, it is still a point of contention: Is it legal Read More

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When California Businesses Fail to Provide Reasonable Accommodations

  Ever since California passed its first law protecting the rights of workers with disabilities in 1974, it has been at the forefront of the Americans with Disabilities movement. Under California’s Fair Employment and Housing Act (FEHA), employers are required to: Provide reasonable accommodations for applicants and employees who, because of their disability, are unable Read More

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Know Your Rights in a California Property Easement

When you buy a piece of property in California, you understandably assume that said piece of property is all yours, to do with what you will. This includes allowing certain people onto your property and kicking others off at your discretion. While this is the case with many pieces of property, there are others that Read More

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Is Work Actually Completed? Things to Consider Before Filing a Mechanic’s Lien

When it comes to opening a construction payment dispute, timing is everything. The state of California offers several legal remedies to contractors and suppliers who have not been paid for the work that they have completed or materials that they have provided. However, though legal options are plentiful, they are only successful when the contractor Read More

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