Getting arrested can have a dramatic impact on you life regardless of your guilt or innocence. Temporary confinement, cost of bail and loss of reputation, these are just a few of the negative impacts an arrest can have your life. But can your employer legally fire you from your job as a result of getting arrested? The California Labor Code prohibits employers from taking adverse action against applicants and employees for an arrest when the arrest does not lead to a conviction. (Labor Code § 432.7) The statute allows employers to ask about pending arrests, but prohibits an employer from...

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Everybody occasionally uses their workplace e-mail for personal communications. Whether it is sending the occasional e-mail to our spouse about tonight's dinner or, confirming who is gathering the kids from soccer practice, we all use our workplace e-mail for personal communications. However, what happens when you use your workplace e-mail to communicate confidential information with your attorney? Do you enjoy the same confidentiality typically afforded to an attorney-client communication, when the communication is sent from a workplace e-mail? The answer may surprise you. In the case Hol...

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