December 2002
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
SOAR ABOVE THE CROWD Ross Perot noted, “Eagles don’t flock—you have to find them one at a time.” Then how do employers find the best employees? A prominent staffing service advises: “It’s more than correctly identifying your company’s changing needs and building a pool of candidates who might meet them. “Research the candidate’s background by calling references, conducting repeated interviews, and asking what they want out of the job. Try to really know the person. “Evaluate important attributes, such as productivity, reliability, loyalty and stable work history. “Determine if it’s a good ‘environmental match’ with the company’s goals and philosophy. Do you want someone who’s opinionated and innovative, willing to challenge management and established ideas, or do you want a traditional conformist? There’s no one right answer. You have to decide, based on the nature of your company.” Understand and become what it takes to be a star employee. An astute employer will recognize a potential eagle when he sees one.	WAGE DISCLOSURE Effective January 1, 2003, there are new laws preventing employers from disciplining or discharging employees who disclose the employees’ own salaries to other employees. The new laws also include discussing the employer’s working conditions. This means employers will have to be particularly careful about requiring workers to sign confidentiality agreements. While an employer is still permitted to protect proprietary information and trade secrets, it will be unlawful if the employer requires an employee to sign a waiver or other document that purports to deny the employee the right to disclose information about working conditions. An employer may not require an employee to sign a waiver that purports to deny the employee the right to disclose his or her wages. The new laws establish additional public policy grounds for challenging a wrongful termination or other adverse job action. January 2003 also introduces some major changes in litigation of employment law cases. Peter W. Taylor, Attorney
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at dds@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which has appeared in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2002 by Don D. Sessions.