Employment Litigation Limited by New California Law
In late September of 2016, Governor Jerry Brown signed SB1241 into law. SB1241 severely limits a California employers’ ability to choose what law and what forum they can apply to their employment contracts.
The new law will come into effect on January 1, 2017 and it will be applied to any contract which is entered into, extended or modified on or after that day.
New Law Protects Californian Employees
In the past employers had the option of requiring their employees who primarily live and work in California to adjudicate a claim arising in California in an out-of-state forum, and they could deprive the employee of the protection which California law provides. They were able to do this by adding this provision as a condition of their employment.
This new law significantly limits an employer’s ability to treat their employees in this manner. SB1241 also states that any provision of a contract which violates these new prohibitions are voidable upon the request of the employee and that the contract would be adjudicated in California and under California law.
What to Look Out for Before Signing an Employment Contract
Being offered employment is often exciting, and eager employees may sign employment contracts without taking pause.
Before you sign an employment contract, here is what you should be looking out for:
- Read The Job Description: The title, your role and your responsibilities should be spelled out in your contract.
- Cause For Termination: Pay attention to what sort of discretion your employer has in regards to what actions can result in your sudden and unexpected termination.
- Compensation And Benefits: Details such as what your base pay is, whether your bonus is guaranteed or discretionary and who decides on your bonus should be laid out for you. Ask questions about whether your benefits are guaranteed or if an employer can change them.
Other details include whether you can perform other work “on the side,” whether any inventions and copyrights will be your intellectual property, and what would happen should your employer sell the company.
Turn to Turchin Law with Your Workers Compensation Questions
Whether you have an employment contract in hand or have been injured on the job, Turchin Law is here to help. Our team of worker’s compensation attorneys have worked with clients and their employers in a variety of industries and we work tirelessly to ensure that the rights of hardworking American employees are upheld.
To arrange for a consultation with one of our workers’ compensation attorneys, please call (818) 266-5601.