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Morris & Stone, LLP
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Recent Wisdom
- Settlement Agreement Enforceable under 664.6, Even Though it Contemplated a Written Version
- How to Correct False Medical Records
- Think Twice Before You Call the Police
- How to Get Documents from Your HOA
- Bell v. Feibush — Six Years Later
- What you can do when your HOA’s Architectural Committee denies your request
- What you can do when you are behind on your HOA dues
- The Girl in the Red Bikini — A Facebook Tale
- Jury Gets it Right – AEG Live Not Responsible for Michael Jackson’s Death
- Defamation is Bad, but it Doesn’t Justify Chilling Free Speech
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Category Archives: Article
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
To Drug Test or Not To Drug Test — An Employer’s Dilemma
Nine percent of current employees and 12% of job applicants test positive for illegal drug use, the U.S. Department of Labor has reported. Given these numbers, and the fact that drug abuse is estimated to cost business $100 billion per … Continue reading
How to Interview Prospective Employees
With no discriminatory intent whatsoever, many interviewers get themselves and their companies in trouble by asking seemingly innocent questions. Taking a few steps to avoid improper questions can save your company from litigation and legal fees. Questions such as “How … Continue reading
Employment Arbitration Agreements – Enforceable? Desirable?
A relatively new trend has emerged, whereby employers are attempting to limit the expense and exposure of wrongful termination actions by requiring that all employees sign arbitration agreements. I am frequently asked by employers whether they should adopt such an … Continue reading
Ignoring Contractual ADR Requirements Can Cost Dearly
Judges hate trials. Every minute a judge spends on a trial is a minute he or she can’t spend on other matters. In fact, many judges will punish the attorneys if they don’t resolve the matter prior to trial. At … Continue reading
Six Ways to Keep Your Business Out of Court
An unplanned tour of our judicial system can be financially devastating to a business. Upon being sued, the business becomes an unwilling participant in costly and often inescapable legal proceedings. The fact that the suit may be groundless is of … Continue reading
How to Defeat a Section 17200 Suit Before it Cripples Your Company
Section 17200 sounded good on paper. If a business was engaging in unfair business practices, it could be sued by Joe Citizen to force the business to get back in line. Under the “Private Attorney General” approach, the plaintiff does … Continue reading
