Monthly Archives: December 2011

How to Fight Back Against Online Defamation

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 receive many calls from prospective clients who don’t yet know the fundamentals of … Continue reading

Top Ten Ways to Blow a Job Interview

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 … Continue reading

“I Know Better Syndrome” Can Cost You Your Job

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”, … Continue reading

Judges Must be Wary of Anti-SLAPP Appeal Trap

A few months back I won on an anti-SLAPP motion that I brought long after the case was filed. The thing is, I was not representing the Defendant initially, but when I was retained the first thing I saw from … Continue reading

Morris & Stone Gets Triple Damages and Attorney Fees for Theft

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). … Continue reading

The Legality of the “Tip Jar”

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 … Continue reading

California Supreme Court Rejects Virtually All Non-Competition Agreements

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 … Continue reading

Deviant Employees Protected from Termination

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 … Continue reading

How the “Hands-Free” Cell Phone Law Impacts California Employers

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 … Continue reading

If I Can’t Fire Him, Can I At Least Demote Him?

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 … Continue reading