Slater & Associates APC Slater & Associates APC 2026-07-17T14:04:59Z https://www.slateraplc.com/feed/atom/ WordPress /wp-content/uploads/sites/1204409/2022/10/cropped-Site-Graphic-SA-32x32.jpg On Behalf of Slater & Associates APC <![CDATA[How can California employers protect themselves against retaliation claims after an employee termination?]]> https://www.slateraplc.com/?p=47588 2026-02-11T23:33:15Z 2026-02-10T09:23:16Z How a contentious termination and retaliation are related Contentious terminations can occur instantly, and they usually follow a heated discussion. For instance, say you fire an employee for their constant poor performance. This decision enrages them and causes a volatile confrontation. However, it just so happens that this employee blew the whistle about harassment in the workplace. Due to the tense atmosphere, high emotions, accusations of unfairness and a lack of objective documentation make matters worse. The employee may file a retaliation claim against you, asserting that you terminated them for revenge after they engaged in a legally protected activity.

Why proper record-keeping can be your best defense

The biggest mistake you can make is to start documenting an employee’s departure after a conflict. Documentation must happen in real-time. Here are a few recommendations to consider:
  • Establish a paper trail of an employee’s performance issues before termination occurs.
  • Create an objective report that outlines an employee’s specific policy violation.
  • Include the moments you offered support in helping an employee improve their performance.
  • Show a history of warnings before they led to a termination.
Furthermore, auditing past actions can help you identify inconsistencies. If a similar instance occurred before, use it as a baseline to form disciplinary actions that align with the company handbook. Any deviation may be used as evidence to suggest retaliation.

Assessing your internal process on termination

Clearer protocols for internal investigations can prevent future claims and show the court you take workplace fairness seriously. Because California law is notoriously employee-friendly, navigating these nuances requires a steady hand. You may find it invaluable to consult with an experienced employment attorney who understands the unique pace of California business to ensure your next step is the right one.]]> On Behalf of Slater & Associates APC <![CDATA[When can an employer legally deny a workers’ comp claim in California?]]> https://www.slateraplc.com/?p=47585 2025-11-19T15:19:17Z 2025-11-19T15:19:17Z What is AOE/COE? Under California Labor Code § 3600, an injury must happen out of and in the course of employment (AOE/COE) to be covered. This rules out injuries occurring during a commute or personal break unrelated to work, or a preexisting condition that was neither caused nor aggravated by work activities.

Employee misconduct

The Labor Code also allows denial of claims when the employee’s own conduct is at fault:
  • Intoxication: If the injury was proximately caused by the employee’s use of alcohol or drugs, the claim can be denied.
  • Initial aggressor: Denial applies when the injured worker was the initial physical aggressor in an altercation.
  • Felony commission: Injuries sustained while the employee was committing a felony of which they have been convicted are not covered.
  • Self-inflicted injury: Intentional self-harm is excluded from coverage.
If proven, these conditions can also be a part of disciplinary action within the company policies.

 The 90-day rule

This rule is crucial for both employers and employees:
  • Presumption of acceptance: The employer (or its insurer) must notify the employee of acceptance or denial within 90 days after the employee files the DWC-1 claim form.
  • Consequence of silence: If no formal denial is issued within this 90-day window, the claim is deemed “presumed accepted” under Labor Code § 5402.
Once that deadline passes, it is extremely difficult to reverse course.

The importance of a lawyer

Complex issues like these are why businesses need specialized California employment law defense attorneys. Skilled counsel can help you meet the 90-day deadline, thoroughly investigate allegations of intoxication or misconduct, and avoid costly mistakes that can lead to automatic acceptance of liability.]]>