Employment Litigation and Legal Action

Litigation and Alternative Dispute Resolution

By November 13, 2019 January 16th, 2020 No Comments

Inasmuch 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
The 5-Step Guide to Terminating an Employee