The Employee Handbook - An HR Podcast by 2 Lawyers

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Ever wondered how to navigate the maze of employer responsibilities and employee rights, especially when it comes to mental health and work injuries? This episode promises to unravel the complexities with a blend of humor and practical advice. We illustrate the crucial concepts of actual and constructive notice in workplace injuries. 

Our deep dive into California’s stringent workers' compensation laws is a must-listen for employers. We discuss the dire consequences of failing to report incidents promptly, including state intervention and asset seizure. 

Honesty and swift action are the keys to compliance, and we explain why providing the DWC-1 form and notice of rights within one day of an injury report is non-negotiable. Beyond the legalities, we emphasize the significance of conducting thorough investigations, maintaining up-to-date employee handbooks, and hiring competent HR personnel. These proactive steps protect not only your business but also foster a fair and safe work environment.

We also tackle the crucial topics of mental health and sexual harassment in the workplace, shedding light on the employer’s role in providing support without admitting liability. 

Preventing retaliation and meticulously documenting adverse actions are vital to safeguarding against claims and ensuring a fair workplace. Through engaging discussion and thoughtful insights, we equip you with practical advice to navigate these challenging aspects of employment law. Join us for a balanced mix of light-hearted banter and serious conversation, all designed to keep you informed and entertained while reminding you that our content is strictly for entertainment purposes.

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In a new segment designed to bring our audiences closer to our inner children, we ponder what life would be like if we'd taken a wildly different career path. That's exactly where Ryan and I start off our second season. Ryan makes an odd turn by making a play to become a member of the village people, while Arta looks to corner the market by appealing to a niche demo.

We then discuss the topic of personal/private social media posting as it relates to your job and why it might be a bad idea to broadcast your ideas to the world when you signed up for social media with your real name and where you work. This episode is where we finally start to figure out how to do a show.

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Navigating the labyrinth of disability accommodations and avoiding the snares of discrimination in the workplace can be as complex as a game of legal chess. With us, Arta Wildeboer or and Ryan Ellis, your guides through California's intricate employment law landscape, you're in for an enlightening strategy session. We dissect the spectrum of conditions covered by employment law and the strategic dance between employers and employees when it comes to reasonable accommodations. Along the way, we share real-world scenarios that bring to life the practical implications of these legal challenges, all with a dash of humor and a heaping of expertise to keep things engaging.

Ever wondered how the law distinguishes between various disabilities and what constitutes a reasonable accommodation versus an undue hardship for businesses? Our conversation takes you on a journey through the legal intricacies of both physical and mental disabilities in the workplace. From discussing the delicate balance of accommodating employees without fundamentally altering job roles to dissecting discrimination claims linked to performance issues, we ensure you're armed with the knowledge to navigate these tricky waters. We also delve into the emotional and financial stakes of these claims, providing vital HR strategies for managing complex employee relations.

Topping off this deep dive, we examine the emotional toll of litigation and the crushing weight of punitive damages on a company's bottom line. By emphasizing proactive communication and robust HR policies, we aim to shield your company from costly legal battles and protect the rights of employees. With our combined plaintiff and defense perspectives, we serve up a full course of legal insights flavored with practical advice and the occasional light-hearted anecdote, making this an indispensable resource for anyone vested in the world of employment law.

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This week we delve into a topic that is a common gripe for many employees -  Supervisors playing favorites.  The perception that the boss has a favorite among the employees can cause a lot of interpersonal tension in the workplace, but it is illegal for the boss to have a bff among the staff?  

Our favoritism discussion centers around another Reddit post and we decide if what is going on runs afoul of any laws in California or on the Federal level and whether or not this person is an annoying crybaby. 

We also talk about our potential future with Comedy Central and what happens when an employer receives either a Demand Letter or a Summons and Complaint and the difference between the two.

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Here is the description of the episode that Chat GPT came up with when I asked it to read the transcript:

Dive into the dynamic world of human resources and employment law with a compelling podcast for HR professionals, legal advisors, and business leaders. In this insightful episode, hosts Ryan Ellis and Arta Wildeboer, seasoned experts in the field, navigate through the complexities of corporate legalities and HR nuances.

1. Decoding Company-Counsel Relationships: Unravel the intricate relationship between companies and their legal counsel. The discussion provides a deep dive into the roles of general and outside counsel, highlighting how these key players collaborate to steer companies through legal challenges.
2. Mastering Employee Termination: Learn strategies to mitigate litigation risks associated with employee termination. The hosts emphasize the importance of empathy and effective communication, offering valuable tips for handling sensitive dismissals with professionalism.
3. HR's Decision-Making Boundaries: Explore the critical role of HR in organizational dynamics. Ryan and Arta discuss the importance of adhering to one’s designated role in HR, emphasizing the necessity of confidentiality and the perils of overstepping boundaries.
4. Real-World HR Advice from Online Communities: Engage with thought-provoking HR advice sourced from online discussions. The hosts analyze and add their expert insights to these community-driven tips, providing listeners with practical, actionable HR solutions.
5. Understanding the Psychology Behind Lawsuits: Delve into the emotional drivers that lead employees to pursue legal action against employers. This segment offers a deeper understanding of the legal system's limitations in resolving emotional disputes.
6. The Art of Acknowledging Mistakes: Embrace the importance of acknowledging and learning from errors in the legal and HR spheres. The hosts advocate for transparency and honesty in the face of mistakes, underscoring how these qualities foster trust and integrity within an organization.

Targeted at HR and legal professionals, as well as business leaders seeking to enhance their knowledge, this podcast episode is a treasure trove of expertise. Whether you’re fine-tuning your HR strategies or navigating the legal landscape of your organization, "HR and Legal Strategies: Unveiling the Insider Playbook" is your guide to mastering the art of managing people and legalities in the corporate world. Tune in for an enriching experience that combines professional wisdom with real-life applications.

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Embark on a journey through the complex world of workplace sexual harassment with attorneys Ryan Ellis and Arta Wildeboer as our guides. Today's episode tackles a real-life scenario straight from Reddit, revealing the murky waters employees and HR departments must navigate when allegations arise. 

Delve into the legal definitions and boundary lines of what constitutes harassment in California. Discover how response strategies and investigations can make or break both the accuser's case and the company's liability. This conversation is a must-listen for understanding the intricacies of protecting employees and preserving a company's integrity in the face of harrowing claims.

Sometimes, the actions of an HR department can seem as enigmatic as the legal principles that govern them. We unravel these mysteries, scrutinizing the role of witness perspectives and the "reasonable person" standard in assessing the severity of harassment claims. 

Ryan Ellis lends his expertise on the balance between conducting a fair investigation and managing the potential fallout for both the accused and the accuser. This episode will arm you with knowledge about the strategic decisions behind employment claims, from the preference for phone calls over emails to the nuanced approaches attorneys consider when advising their clients on the battlefield of employment law.

Finally, we navigate the strategic considerations that come into play during litigation, with a special focus on the defense versus plaintiff attorney roles. Weigh the pros and cons of demand letters and lawsuits, and understand the financial and ethical implications that each side must grapple with. 

And in the age of COVID-19, learn how the pandemic has tipped the scales in legal proceedings. Whether you're an HR professional, an employee, or just an avid learner, this episode will equip you with a keener sense of the legal landscape and the critical decisions that shape the outcomes of employment law cases.

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Prepare to steer through California's legal maelstrom with us, Arta Wildebore and Ryan Ellis, as we dissect the seismic shifts in employment law hitting in 2024. This episode promises a dual-perspective deep-dive into the intricacies of arbitration enforcement laws. Businesses are under the microscope, and we're here to guide HR professionals with strategies to avoid the snares of wage and hour disputes—think of it as your litigation life vest.

Venture into the heart of employment litigation with a candid discussion on the clogged veins of our court system. We shed light on the economic tug-of-war between settling and fighting employment claims, offering valuable battle tactics for employers and a critical look at how justice is often constrained by time-limited trials and statutory penalties. This episode is an essential play for those looking to grasp the strategic decisions that shape the future of employment law.

Finally, we tackle the thorny issues of insubordination, remote dismissals, and the art of terminating with tact. Learn how to navigate choppy waters when dealing with disruptive employees and discover the blueprint for executing tough decisions with a professional edge. Your takeaway? A reinforced need for solid policies and meticulous documentation, helping you sidestep a world of legal strife. Join us for an episode rich with practical tips and legal savvy to fortify your business against the storms ahead.

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In episode 2, we delve deeper into the evolving and increasingly complex role of HR, as it has transformed into an entity responsible for a wide range of tasks that it shouldn't be doing. HR has taken on quasi-legal responsibilities, such as managing vendor contracts and handling employment law matters.  We examine the challenges and consequences of this shift in HR's responsibilities and it can create legal exposure for a company.

Part 2 delves further into what the proper role of HR should be. 

In Part 3 we introduce our newest segment "Would You Take the Case?" where Ryan and Arta discuss a Reddit post that we won't be able to find the link to.

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In our inaugural episode, Ryan and Arta delve into their viewpoints regarding the optimal duties of HR within a company. They take a critical look at the common issues faced by many organizations in precisely delineating these roles. Additionally, they explore the concept of "HR is not your friend," shedding light on the increasing skepticism employees often have toward HR.

During the episode, they address a real-life HR dilemma sourced from Reddit, which revolves around workplace bullying.