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.