California Workplace & Employment Law Blog

A common scenario I encounter occurs where an employee makes a complaint—such as of harassment, discrimination, or some other form of misconduct—but when it comes time to sit down for an interview with the investigator, the complainant refuses to participate. Sometimes this happens right at the outset. Other times, an employee cooperates initially and then disengages partway through, refusing to answer follow-up questions.

It’s an uncomfortable position for the employer. The complaint can’t simply be set aside. So what are the options?

If you run a business in California, you already know the Private Attorneys General Act (PAGA) can turn routine payroll mistakes into staggering liability. A single missing line item on a wage statement, repeated across hundreds of pay periods for employees can generate a penalty with five, six or even seven figures attached. What a lot of employers don’t realize is how much control they still have over that number. A recently published decision is one of the clearest illustrations yet of that principle in action.

Terminations are one of the highest-risk moments in the employment relationship. Many wrongful termination lawsuits don’t just hinge on whether the underlying decision to terminate was justified, but also on how the termination itself was handled. A poorly executed termination can turn a legally defensible decision into a costly claim.