The Blog

Management Discriminates Daily, But Is It Unlawful Discrimination?

Jack Welch, in his book, Winning (chapter 3 “Differentiation” page 37), underscores one of his core values by stating:
“Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak. Companies suffer when every business and person is treated equally and bets are sprinkled all …

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Breach of Contract

California courts have stated the employment relationship in California is “primarily contractual.” This a misnomer because the employer and employee relationship is a special legal relationship that is framed by a mixture of statutory, contract, tort and criminal law. Even the foregoing phrase “primarily contractual” hedges its bets. What does it mean to be “primarily” contractual?
Contracts can be oral or …

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Employment Contracts

Employment contracts are an exception to the assumption that all employment is “at-will” employment. “At-will employment means the employer or employee may terminate the employment relationship at any time with or without notice and with or without “cause.” Generally speaking the employment relationship under California law is not “contractual” (although the California Supreme Court has said it is “primarily contractual”) it …

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