Employment Litigation and Legal Action

Litigation and Alternative Dispute Resolution

By November 13, 2019May 7th, 2020No Comments
Litigation and Alternative Dispute Resolution- sherman law corporation

As we would like to spend our time devoted to proactive compliance, we spend a significant amount of time representing our clients in litigation and seeking the most cost-effective resolutions, including, mediation, arbitration and other creative methods to benefit our clients. The claims that we litigate include:

  • Employment Discrimination under FEHA, Title VII, Age Discrimination and Employment Act, Cal. Labor Code, Military & Veterans Code, Health & Safety Code, California Family Rights Act
    – Age
    – Sex
    – Sexual Orientation
    – Race
    – National Origin
    – Disability/Medical Condition
    – Family and Medical Leave Compliance
    – Workers’ Compensation Leave
    – Religious
    – Harassment in Workplace
    – Affirmative Action
    – Retaliation
    – Constructive Discharge
  • Wrongful Discharge
  • Common Law Claims
    – breach of contract
    – Breach of implied covenant of good faith and fair dealing
    – Fraud
    – Defamation
    – Intentional and negligent infliction of emotional distress
    – Conspiracy
    – Interference with contractual relations,
    – Interference with prospective economic advantage
    – Negligent hiring, supervision and retention,
    – Unfair business practices
    – Private Attorney General Act
    – Ralph Act
    – Bane Act
  • Wage and Hour
    – Employee vs. Independent Contractor
    – Overtime
    – Minimum Wage
    – Meal & rest breaks
    – Equipment and Uniform
    – Expense Reimbursement
    – Vacation
    – Sick Leave
    – Final Paycheck
    – Bonuses
    – Commissions
    – Reporting Pay and Split Shift Premiums
    – Time Keeping
    – Paycheck obligations
    – Deductions from Wages
    – Posting Requirements
    – Notice Requirements
    – Personnel Records Inspection
    – Record-Keeping Obligations
    – Penalties (including waiting time penalties)
    – Prohibition against discharge or discrimination

      – Interns and minors

  • Alcohol & Drug Rehabilitation
  • Lactation Break Privilege
  • Interns
  • Minors
  • Workers’ Compensation Insurance Compliance
  • Trade Secrets
    – Misappropriation
    – Unfair Competition
    – Enforceability of Non-Competes
  • Arbitration Agreements
    – Enforcement
  • Privacy Rights
    – Investigation of Prospective Employees
    – Social Media and e-discovery issues
    – Investigation of Current Employees
  • Confidentiality & Use of Personnel Information
  • Liability for Release of Personnel Information
  • Liability for Fraud & Negligent Misrepresentation
  • Health & Safety (OSHA and Cal-OSHA compliance)
  • Employee Testing
  • Individual Liability