Workplace Wake-Up with Jen Shaw

Defamation Risks in the Workplace: References, Complaints, Investigations, and California’s New Protection

Workplace defamation claims can arise from termination explanations, reference checks, investigation interviews, complaints, and manager comments. In this episode, Jen explains where the risks come up, how California’s new Civil Code section 47.1 affects the analysis, and how employers can communicate carefully without creating unnecessary liability.

Politics at Work: What California Employers Can and Can’t Control

Political discussions at work can quickly create risk for California employers. In this episode, Jen discusses voting leave, political activity protections, off-duty conduct, workplace speech, dress codes, retaliation risks, and practical strategies for keeping the workplace professional and compliant.

When a Resignation Becomes a Lawsuit: Constructive Discharge in California

Not every resignation ends the story. In this episode, Jen explains how ignored complaints, retaliation concerns, intolerable working conditions, and poor documentation can turn a resignation into a constructive discharge claim — and what California employers can do to reduce risk before an employee walks out and sues.

Associational Discrimination: When an Employee’s Relationship Creates Employer Risk

Associational discrimination claims arise from an employee’s relationship with someone else — such as a family member, spouse, friend, or caregiver connection. In this episode, Jen and Joe Beachboard discuss where California employers commonly get into trouble and how to reduce risk when workplace decisions involve an employee’s association with another person.

Employment References: Handle with Care

In this episode, Jen tackles one of the most debated employer practices: providing references. She outlines the legal guardrails, the moments where well-intentioned disclosures create exposure, and the strategic choices employers make between saying nothing and saying too much. The focus is on building a consistent, disciplined approach that protects the organization while still meeting business needs.

When the Harasser Isn’t an Employee: Investigation Strategies for California Employers

When harassment allegations involve customers, vendors, contractors, patients, or other nonemployees, employers often face difficult questions: Do we have to investigate? What corrective action is enough? And how does California law differ from federal standards? In this episode, Jen and Joe Beachboard discuss third-party harassment claims, investigation challenges, employer obligations, and practical steps California employers should take to reduce risk when the alleged harasser does not work for the organization.

Cell Phone Reimbursement: The Compliance Trap You Can Fix

In this episode, Jen explains what California law requires when employees use personal cell phones for work and why employers still get it wrong, especially with remote and hybrid teams. She covers where compliance fails, how liability adds up, and the practical, defensible approaches that actually work, including stipends, reimbursements, and policy language that holds up.

Last Chance Agreements Done Right

Last chance agreements are one of the most effective tools employers have when used correctly. Done right, they create clarity, set expectations, and provide a defensible path forward. Done poorly, they create confusion and risk. In this episode, Jen breaks down when to use last chance agreements, what they should include, and how to structure them so they actually work.

Contreras v. Green Thumb: When Being Wrong Still Wins

In this episode, Jen and Joe Beachboard break down one of the most important California retaliation decisions in recent years, Contreras v. Green Thumb Produce. The court made clear in that case that even legally “incorrect” complaints can be protected—and changes the risk calculus for every employer.

Investigations Under Pressure: Getting It Right When It Matters Most

Workplace investigations often happen under pressure—tight timelines, high emotions, and real risk. In this episode, Jen focuses on how to structure investigations that are defensible, fair, and practical, even when the stakes are high.