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Joe Guffey

Business leaders call Joe because he has 30 years of experience assisting companies and individuals to be successful, achieve their business goals and expand business opportunities. Joe’s experience ranges from business issues involving employees and employment law to defending the products manufactured by companies.

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Employment litigation is one of the fastest growing sectors of litigation. Employers have done a good deed by educating workers about their rights; unfortunately, this can sometimes result in more claims.  Approximately one out of five lawsuits nationwide is filed by a current or former employee.  Among the employment cases, retaliation claims specifically continue to grow. In a retaliation claim, the focus shifts to how the company reacted to the original employee complaint, and away from the original complaint.

So, if you are terminating an employee, make sure you follow some basic points:

Current and former franchisees of Stratus Franchising, LLC, a commercial cleaning business tried to use the RICO Act (Racketeer Influenced and Corrupt Organization Act) to assert violations but failed as Stratus Group moved to enforce the individual arbitration provisions within the franchise agreements. The franchisees argued the arbitration provision (a broad standard-form arbitration provision) was “unconscionable” which means it was oppressive, harsh, and unfair – basically calling Stratus Group cheaters & liars. The franchisees also said the other companies (Stratus Group) that didn’t even sign the agreements so they couldn’t try and enforce the agreements; the franchisees lost both of those battles.

Every business has new applicants applying for open jobs daily.  When you consider obtaining that consumer credit report and complying with the Fair Credit Reporting Act (FCRA),  DO NOT think about conserving paper by including multiple key points all in ONE DOCUMENT – that eco-thinking decision will put you in violation of the FCRA.

In April, Home Depot USA Inc. agreed to a $1.8M settlement to resolve a putative class action alleging violation of the FCRA.  Home Depot’s job application background-check form included the required disclosure statement, but also a release from all liabilities, and stated the repercussions for providing false and misleading information.  Based on the way the courts have been interpreting the FCRA, Home Depot was smart to settle the case and avoid going forward in the litigation.

California courts have forged a shield for product manufacturers faced with liability stemming from the foreseeable but unintended use of their product in conjunction with another manufacturer’s product. Consistent with a recent decision by the California Supreme Court, a California appellate court concluded that a manufacturer is generally not liable in strict liability or negligence for harm caused by another manufacturer’s product, despite the fact that the two products are compatible to be used together.