|As of September 1, 2008,Vincent DiCarlo
is no longer engaged in the private practice of law.
and is provided for historical purposes. See disclaimer below.
B. Concentrate on practical suggestions you can use
C. If these suggestions had been followed, most of my cases
would never have been brought or could easily have been disposed of.
B. How to document your defenses
C. How to keep your policy manual from biting you
D. How to hire and how to fire
B. Claims for unpaid leave and overtime
D. Discrimination and sexual harassment
Formerly, punitive damages were available. Foley eliminated
punitive damages making this less attractive to plaintiffs. However,
these cases are still being brought for compensatory damages.
b. Personnel manual or memoranda
c. Job application
3. Covenant of good faith and fair dealing used to be
grounds for tort damages. It does not turn at will to
4. Negligent or intentional infliction of emotional
b. Triable case
(2) Review needn't be all negative
(3) Signed reviews are a good practice
(b) A buildup of resentment
(c) A stronger case for implied in fact
tenure--longevity a factor in
determining whether an implied in fact
(d) More time to make a mistake
(e) Possibility of enhanced damages for
(b) Don't keep a questionable employee
without formally extending the
b. Preserve the "at will" relationship
c. Use the probationary period
d. Document the existence of good cause
e. Document the lack of bad cause
f. Get a good release
b. Can be rebutted by:
(2) express oral agreement
(3) implied in fact agreement
b. Read the policy manual and personnel memos
(2) Contain any specific causes for discharge?
Include a disclaimer.
b. Policy manual
c. Periodic reviews
acknowledgment of reading of manual and
2. Specific points
b. Termination for any reason or for no reason, i.e.,
no showing of good cause required
b. Need not cause a morale problem
(2) Certification of reading of the policy manual
G. Have and document good cause and warnings. This is
different for contracts with a term (Labor Code section
2. Reasonable belief may be good enough
3. Good causes
b. reduction in force
d. failure to follow proper instructions
2. Where complaints involve someone who is immune from
c. personal conflicts
c. Employee given an adequate opportunity to consider
with the advice of counsel
3. If you're going to offer a severance benefit, like
extended medical coverage or a severance payment, you
might as well get something for it!
b. Don't put off the inevitable
7. Keep a file with all revisions of the policy that will
allow you to say which version was in effect at any
given time. The acknowledgments must be specific
enough to enable you to identify the exact document to
which it refers.
government service and, as of September 1, 2008, am no longer engaged
in the private practice of law. Therefore, this site is no longer
being maintained, may not be accurate, and should not be relied
upon. It is not now and was not ever intended as legal
advice. It is being provided for historical purposes, and for the
benefit of those lawyers who are capable of independently verifying the
information and judging the opinions in it, and then reaching their own
conclusions. You are strongly advised to consult qualified legal
before adopting any of the ideas or suggestions in this material, which
may or may not be applicable in your jurisdiction or to your specific
situation, and may no longer be accurate or prudent in any case.
The opinions and statements at this site were solely my own. They
were not and are not those of, nor were they nor are they made on
behalf of, any agency of government or anyone else.
Copyright © 1998-2008 Vincent DiCarlo