In The Employer Defense Podcast

Effective Defense Tactics for Wrongful Termination Claims

In this episode of The Employer Defense Podcast, Kevin Rosenquist and attorney Clifton Smith dive into effective defense strategies for wrongful termination claims. They explore what constitutes wrongful termination, common legal frameworks such as California's Fair Employment and Housing Act (FEHA), and the importance of proper documentation and workplace policies. Clifton provides practical advice on using progressive discipline, performance improvement plans, and alternative dispute resolution methods like mediation to mitigate risks. The episode also discusses the challenges employers face during litigation and strategies to build a strong defense.
 
Timestamps:
00:30–01:36: Defining wrongful termination and at-will employment in California.
01:36–03:21: Key laws and regulations employers need to know.
03:21–04:42: Importance of employee handbooks and management training.
04:42–06:46: Effective use of performance improvement plans and progressive discipline.
06:46–08:36: The role of documentation in addressing misconduct and protecting employers.
08:36–11:58: Mediation and arbitration as tools for resolving disputes.
11:58–13:44: Factors influencing trial outcomes in wrongful termination cases.
13:44–15:38: How public perception and documentation affect litigation strategies.
15:38–17:12: The limited value of traditional performance evaluations in legal defenses.
 
About The Show
The Employer Defense Podcast is your go-to resource for navigating the complex world of employment law, with a focus on equipping employers with practical strategies to handle legal challenges. Hosted by Kevin Rosenquist and featuring experienced attorney Clifton Smith, each episode dives into key topics like wrongful termination, workplace policies, and legal compliance, offering insights tailored to California-based employers. Through engaging discussions and expert advice, the podcast helps businesses stay informed, mitigate risks, and foster legally sound workplace practices.

Strategies for Defending Wage & Hour Disputes

In this episode of the Employer Defense Podcast, host Kevin Rosenquist sits down with experienced attorney Clifton Smith to discuss critical strategies for defending against wage and hour disputes, particularly in California, where labor laws are among the most stringent in the nation. Clifton explains the complexities of California’s wage and hour laws, including meal and rest break requirements, overtime rules, and the importance of maintaining accurate timekeeping systems. He emphasizes the need for employers to fully understand and comply with these laws to avoid costly litigation, especially in the context of wage and hour class actions and PAGA (Private Attorneys General Act) lawsuits. The episode also offers practical advice on defensive strategies, documentation, and key legal pitfalls to avoid.
 
Timestamps:
 
1:00 – Introduction to the importance of wage and hour law for employers and employees in California.
4:15 – Overview of common disconnects between employers and employees in wage and hour compliance.
9:45 – Importance of accurate meal period timing and premium pay for non-compliance.
12:30 – Understanding California’s 17 wage orders and the need for businesses to post and follow them.
16:10 – Key strategies to avoid misclassifying employees and avoid costly wage disputes.
 
About The Show
 
In The Employer Defense Podcast, attorney Clifton Smith shares his expertise in helping businesses navigate complex employment law issues. The podcast delves into various aspects of defending employers against claims and lawsuits, offering practical insights and strategies.

Defending Your Business

In this episode of the Employer Defense Podcast, experienced attorney Clifton Smith joins Kevin Rosenquist to discuss the intricacies of employer defense law, particularly in California. Clifton explains that employer defense law involves representing businesses facing lawsuits or investigations from state or federal agencies, emphasizing the importance of timely legal response. He shares his journey from a human resources professional to an attorney, highlighting how this background better equips him to assist employers. The episode also touches on the common types of claims and lawsuits that employers encounter in today’s legal landscape.
Timestamps:
​​[00:01:56] Common employer lawsuits in California.
[00:06:59] Pro-employee bias in California.
[00:10:19] Litigation risk for employers.
[00:13:40] Employment practices compliance review.
[00:15:07] Importance of HR in business.
About The Show
In The Employer Defense Podcast, attorney Clifton Smith shares his expertise in helping businesses navigate complex employment law issues. The podcast delves into various aspects of defending employers against claims and lawsuits, offering practical insights and strategies.