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Meeting Every PIP Goal Does Not Always Protect Your Job Key Takeaways: Yes, a California employer can generally fire you after a performance improvement plan even if you met every goal. Under at-will employment, a PIP is usually not a contract that guarantees your job. A firing may become unlawful when the real reason is discrimination, retaliation, a public policy violation, or a breach of an express or implied promise of job security. If you met every PIP target and

Your Right to Choose Court Over Arbitration for Harassment Claims Key Takeaways: In most cases, your employer generally cannot force a sexual harassment claim into arbitration if the dispute arose or accrued on or after March 3, 2022, because the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) generally lets the survivor choose between court and arbitration, even under an agreement signed years ago. A judge, not an arbitrator, generally decides whether the EFAA applies, and

Does California Law Protect You From a Former Employer’s Retaliation? Key Takeaways: Yes, a former employer can often be held liable for retaliating against you after you leave. FEHA protects "any person" who engaged in protected activity, and the California Labor Code and federal law have also been applied to former employees. Post-employment retaliation can include false references, blacklisting, threats, refusing to rehire, or severance terms that try to silence you about unlawful workplace conduct. Under Government Code § 12964.5,