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Employment Law FAQs

Employment Law FAQs

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.

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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.

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