These cases will remain specific to the facts, but the agreements underlying the claims must be carefully respected. For employers, it is important to work closely with the counsellor at work to address the risks inherent in this decision. Employers may need advice not only for the development of new agreements, but also for the revision of existing or older agreements. Employers will need to weigh the legal risk of maintaining these clauses in some way against all the perceived benefits of using such clauses in order to promote a stable workforce. In addition, AB 749 does not require you to continue to employ or rehire a person if there is a legitimate, non-discriminatory or non-retaliatory reason for termination of employment. If an employee is not fit to work, AB 749 will not spare the dismissal of the employee. The application of no-pocher agreements for employees under California law varies depending on the context of the agreement and the scope of the provision. When it comes to maintaining a no-recruitment agreement for employees, there are two main aspects that will be considered by the courts: California employers should verify the language in their standard comparison and severance agreements. As of January 1, 2020, no. Rehire provisions are generally void by law. However, they may be authorized if the employer has made a good faith belief that the worker has committed sexual or sexual assault.
If the employer has “a legitimate reason, non-discriminatory or not” to dismiss or refuse to rehire, employers can always rely on the decision not to rehire a former employee. Employers may also update their performance evaluation and documentation practices in light of AB 749. When an employee is fired for performance issues, those issues are not always reflected in that employee`s personal file. But many employers add on their application form a question about whether the candidate has ever worked for the company. If the question is affirmative, the employer has the right to verify the applicant`s old employment history and refuse reinstatement on that basis. Outdated agreements and clauses can lead to unnecessary litigation, confusion and waste of company resources. Finally, when settling disputes with former workers or negotiating severance agreements with current workers, employers should be prepared for the new reality that these workers could apply for a job again the day after their comparative cheques are cashed. Between pumpkin cuts and cookies, Californians now have another thing to add to their vacation lists to do: revising their standard transaction agreements to remove all non-rehire provisions. California employers have until the end of the year to revise their agreements to comply with AB 749, the legislation that went into effect by Gov. Gavin Newsom on Oct. 12. .