カリフォルニア州　採用時と辞職解雇時の必要書類

こんにちは！

アメリカでの人事労務の悩みから解消され

「本業に集中したい」とお悩みの経営者に

最短６ヶ月で本業集中体制を築く

『アメリカ人事』コンサルタントの山口憲和です！

カリフォルニア州は人事労務の法律が目まぐるしく変わり、

従業員からの訴訟が最も多い。労務管理や人件費管理

は最も頭の痛い問題だとお悩みの経営者が弊社のお客様です。

アメリカ人事コンサルティング16年の経験を基に

無制限emailサポートを主軸にしたサービス、

経営者の本業集中体制を築く『アメリカ人事』

の問題解決サービスを提供しております。

「めまぐるしく変わる法律についていけない」

「訴訟が多く、部下との対応の悩みが尽きない」

などのお悩みをお持ちの方がいらっしゃいましたら、

ぜひ、お声がけください。

今回は特にそのお悩みの中でも、従業員の採用で

一番最初にぶちあたる問題。採用時・退職時の書類について

の講座をご案内致します。

■このオンライン講座はもっとも必要な書類が多い

カリフォルニア州特有の採用時・退職時の必須書類を

一つずつ丁寧に説明する動画講座と

採用時、退職時に必要な書類をセットにして

お届けするものです。

■この講座を受講すると

・採用時と退職時に必要な書類が理解できる

・従業員の雇用がスムースに進む。

・従業員退職時に問題を最小限にするための基礎が分かる。

■この講座内容

・11本の動画により、採用時・退職時に必須の書類について一つずつ解説

・採用時・退職時の書類のファイルもセットでお届けします。

■この講座をお勧めする方

・カリフォルニア州で初めて従業員を採用する方

・カリフォルニア州に進出を考えている企業の方

・カリフォルニア州の企業で人事を担当する方

・カリフォルニア州の企業でできる限り従業員からの訴訟を防ぎたい方

■参加特典

・書類についての質問（1ヶ月間無制限サポート）

■金額の比較　書類セットをコンサルティング会社に依頼した場合

・書類セットだけで$1,000以上？

・コンサルティングは別途費用が必要

■もしこの講座を弊社から個別に購入した場合

書類セット　$930

1ヶ月間の無制限サポート $310

合計金額 $1,240

 の金額になるところ・・・・・・・・

■今回のこの講座の金額

$350

■保障

書類の書き方が分からない場合は無制限サポートを2ヶ月まで延長

■システム上の制限から

今回の募集は10件までです。

受講規約について

第1条 受講料金支払い

本講座の受講料金は記載の通りです。

一括支払い　$350

第2条　受講申込・契約の成立

申込者がホームページ上の申込みページにて必要事項を全て記載し、当社に送信した時点をもって本講座への申込みが完了したものとみなします。
お申し込み完了したものについては返金はありません。

第3条　ユーザ ID・パスワード

申込者は本講座の利用にあたり発行されたユーザID・パスワードの使用ならびに管理について責任を持ち、いかなる第三者にも貸与、譲渡及び公開はできません。

第4条　著作物の利用

ただし、当社の許諾なしに、私的利用以外の目的でテキスト、レジュメ、サンプルデータ等の複製、改変その他著作権を侵害する行為をすることは一切禁止します。

第5条　ユーザーID・パスワードの抹消

申込者が本規約の次の規定に違反した場合、当社は予告なく、発行済のＩＤおよびパスワードを抹消することができます。また、その際の受講料金の返金はいたしません。

第6条　管轄と損害賠償額の予定

万一、当社と申込者との間に争訟が生じた場合、カリフォルニア州地方裁判所を第一審の専属管轄裁判所といたします。

第7条 　推奨動作環境

オンライン講座受講にあたっての端末の推奨動作環境は以下の通りです。

インターネットに接続されたパソコン、タブレット、スマホ等のブラウザで利用可能です。
ただし、動画等は、インターネット回線が遅いと視聴できないことがあります。
また、インターネット等の通信料は、受講生の負担となります。

第8条 個人情報の利用について

本講座購入にあたり収集した個人情報はお問合せ、サポート対応の他、既存、新規を問わず当社が取り扱う各種商品・サービス等の情報提供（電子メール・SMS・電話等）に利用します。

E-course Terms of Use Agreement and Liability Disclaimer

This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Philosophy LLC.  When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.

All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed.

The information in our E-course is for educational purposes only and is not intended to provide a legal advice or substitute for legal advice.  Our E-course is intended for people who would like to learn hiring documents and termination documents in California. 

However, we make no representations, guarantees or warranties that the information or exercises in our E-course is appropriate for you or will result in improvement of your human resources condition.  The information in our E-course is by no means complete or exhaustive and therefore does not apply to all conditions, human resources-related issues.  The information and instruction in this E-course is not intended to be “legal advice” or substitute for legal advice, especially since we have not personally examined your company and your individual condition. 

By purchasing this E-course, Philosophy LLC. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use.  Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited.  Your purchase of our E-course does not grant you any ownership rights to our E-course.  Any breach in the terms of this agreement may result in termination of your access to the E-course materials.

Our E-course may contain references or links to materials from third-parties.  Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our E-course is intended solely for Users who are at least age 18 years of age or older.  Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Philosophy LLC. has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website (https://memdx.com/course/);

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

When you complete the purchase process, you will be able to set up a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PHILOSOPHY LLC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. PHILOSOPHY LLC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.  PHILOSOPHY LLC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL KIMBERLEY BELL OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Privacy Statement

Philosophy LLC

Policy

The Philosophy LLC is committed to protecting the privacy and accuracy of your personally identifiable information to the extent possible, subject to provisions of state and federal law. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize disclosure, personally identifiable information is not disclosed without your consent.

Information Collection and Use

Categories of personally identifiable information collected by this website include: your name, email address, password, payment information and so on. The personally identifiable information requested by us is to provide online courses. Fields marked with an “*” are required. Article IX, Section 9 of the California Constitution grants authority to the Philosophy LLC to maintain this information.

In order to keep you informed of such activities as campus programs, symposia and/or special events, we may use personal information collected from Web site (https://memdx.com/course/)for the purpose of future communication back to online enrollees. Such email notification will be conducted in conformance with Philosophy LLC policies implementing anti-spam laws.

Additionally, the Web server collects, at least temporarily, the following information: Internet Protocol (IP) address of computer being used; Web pages requested; referring Web page; browser used; date and time. This information is collected to monitor your navigation of our Web pages. We may use browser-IP-address information and anonymous-browser history to report information about site accesses and for profiling purposes. This information is generally used to improve Web presentation and utilization. We also may use IP address information for troubleshooting purposes.

This online activity may use “cookies” in order to deliver Web content specific to individual’s Web navigation interests or to keep track of online purchasing transactions. Personally identifiable information is not stored within cookies.

Disclosure of Collected Information

Philosophy LLC will not disclose or share, without your consent, personally identifiable information, except for certain explicit circumstances in which disclosure may be required by law. Your personally identifiable information will not be distributed or sold to third-party organizations.

Alternative Choice

Individuals who wish to use methods other than online enrollment may submit requests by email or U.S. mail addressed to Philosophy LLC (yamaguchi@yourphilosophy.net).

Updating Personal Information

Questions regarding your options to review, modify or delete previously provided personal information should be directed to Philosophy LLC(yamaguchi@yourphilosophy.net).

Policy Changes

This privacy policy has been created and approved by Philosophy LLC. Any revisions to this privacy policy will be posted at this URL. You may submit inquiries about this policy to Philosophy LLC(yamaguchi@yourphilosophy.net).

Links to Other Sites

You may encounter links to other Web sites of organizations not directly affiliated with the Philosophy LLC. Please be aware that the Philosophy LLC is not responsible for the information practices of external organizations. We recommend you review the privacy statements of each external Web site that collects personal information.

Date

09/18/2020

PRIVACY STATEMENT-CALIFORNIA 

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of PHILOSOPHY LLC (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
• Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
• Directly and indirectly from activity on our website (https://memdx.com/course/) For example, from submissions through our website portal or website usage details collected automatically.
• From third-parties that interact with us in connection with the services we perform. For example, from government agencies when we prepare readiness assessments for projects that receive government funding.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to prepare a tax return, we will use that information to prepare the return and submit it to the applicable taxing authorities.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:             Identifiers.
Category B:             California Customer Records personal information categories.
Category C:             Protected classification characteristics under California or federal law.
Category I:              Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 310-465-9173
• Visiting https://philosophyllc.com/

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 310-465-9173
Website: https://philosophyllc.com/

https://memdx.com/course/

Email: yamaguchi@yourphilosophy.net
Postal Address: PHILOSOPHY LLC
2377 Crenshaw Blvd Ste 315

Torrance, CA 90501