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Layoff Selection Criteria and Disparate Impact: Defending RIF Decisions in California
Most layoff lawsuits don't claim a manager set out to discriminate. They claim the numbers did. When a reduction in force (RIF) falls hardest on older workers, women, or a particular racial group, a former employee can sue on a disparate impact theory even if every decision-maker acted in good faith. That's why California employers planning cuts often bring in a workplace discrimination defense attorney before the list is final, not after the complaint arrives. The short answ

Gabrielle J. Korte
4 days ago5 min read
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Severance Package Negotiation during Layoffs and RIFs: How California Employers Can Minimize Legal Exposure
A layoff feels like a business decision until the severance agreement gets drafted, and then it becomes a legal document that either closes the door on future claims or leaves it wide open. The short answer: severance package negotiation only protects your business if the release is timed correctly, discloses what federal and state law require, and is offered as part of a documented, consistent process across everyone affected. Get any one of those wrong and the severance che

Gabrielle J. Korte
Sep 255 min read
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At-Will Employment in California: What It Actually Protects Employers From (and What It Doesn't)
Most California employers hear "at-will" and assume it means they can fire anyone, anytime, for any reason, without consequence. That belief causes more lawsuits than almost any other misunderstanding in employment law. The short answer: at-will employment protects you from claims that you needed "good cause" to terminate someone, but it does nothing to shield you from claims that the termination was illegal for some other reason. Knowing exactly where that line sits is the d

Gabrielle J. Korte
Sep 235 min read
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Arbitration Agreements and Retaliation Defense: How California Employers Can Reduce Litigation Risk Before a Claim Is Filed
A retaliation claim is one of the most common and costly employment lawsuits a California business will face, and how you handle documentation, agreements, and internal reporting long before a claim arrives often decides how that lawsuit plays out. If you're searching for an employer defense attorney, you're likely already worried about exposure from a termination, a demotion, or a complaint an employee has framed as retaliatory. Here's the direct answer: a well-drafted arbit

Gabrielle J. Korte
Sep 105 min read
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Failure to Accommodate Claims in California: Getting the Interactive Process Right
Failure to accommodate claims under California's Fair Employment and Housing Act are unusually punishing for employers because the law creates two separate ways to lose. An employer can be liable for failing to provide a reasonable accommodation, and separately liable for failing to engage in the interactive process at all, even if it turns out no accommodation was actually possible. Employers who mean well but move too slowly, ask the wrong questions, or cut the conversation

Gabrielle J. Korte
Aug 205 min read
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