Practice Pointers

VI. Practice Pointers

1. File the CRD complaint early. The three-year window under Cal. Gov. Code § 12960 is generous, but earlier filings preserve evidence and trigger employer document holds.
2. Pull the personnel file and pay records before separation. Lab. Code §§ 226(b), 1198.5, and 432 give employees the right to inspect; employers must produce within 21–30 days.
3. Plead under § 1102.5 wherever a retaliation theory exists. The "contributing factor"/"clear and convincing" framework is materially better for plaintiffs than McDonnell Douglas.
4. Consider the UCL. Bus. & Prof. Code § 17200 borrows underlying violations and extends a four-year limitations period for restitution.
5. Audit any out-of-state employer's contract for § 925 violations. Voiding the forum clause is often the first leverage point in an executive case.
6. Do not sign without reviewing the § 1542 waiver and any reaffirmation of restrictive covenants. Severance is also the moment to enforce SB 699 / AB 1076 rights against void non-competes.
7. Distinguish PAGA-individual from PAGA-representative early. Adolph preserves representative standing post-arbitration, but the 2024 reform's standing requirement narrows what can be alleged.
8. For wage cases, evaluate the Naranjo derivative penalty stack. A meal-period violation now generates premium pay, wage-statement penalties, and waiting-time penalties — often tripling the headline number.

This analysis is for informational purposes only and does not constitute legal advice. Consult qualified counsel for advice specific to your situation. Attorney advertising.