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Employment Law FAQs

Frequently Asked Questions About California Employment Law

At Garcia & Gurney, A Law Corporation, we strive to keep our clients aware of impending regulations that affect employment law. Our knowledgeable Pleasanton attorneys have compiled the following list of frequently asked questions for your benefit:


Can I fire an employee for posting negative statements on Facebook?

While the harsh comments made by an employee on a social media site may anger you, it may be unlawful for you to take legal action. Under the National Labor Relations Act, the employee who posted comments about you or your company may be protected for engaging in concerted activity. Concerted activity must involve other employees who post or respond to the comments made by the worker who made the initial negative statements. An employment attorney can assess your situation and recommend how you should move forward.

How is age discrimination defined?

The Age Discrimination in Employment Act makes it unlawful to discriminate against an employee who is 40 years of age or older.

What constitutes overtime pay?

Certain types of employees — including administrative workers, executive workers and professionals — are exempt from overtime pay. However, individuals who are not exempt must receive overtime pay for all hours worked in a week beyond 40 and 8 hours in a day.

Can I ask that employees sign a noncompete agreement?

Generally, no. In fact, noncompete agreements are unlawful in the State of California except in limited circumstances. If you want to protect your trade secrets, you may ask that your employees sign a non-disclosure agreement.

Can I sue my employer if I signed a severance agreement?

It depends entirely on the severance agreement itself. Most severance agreements require workers to sign a release waiving their right to file a lawsuit against the company. An experienced employment lawyer in Pleasanton can review your severance agreement to determine the options you may have.

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Comprehensive employment law guidance for California residents

Garcia & Gurney, A Law Corporation provides both employer and employee clients with sound advice regarding a variety of issues. For help with a labor and employment matter or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! "

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"

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