Defending Against Employment-Related Legal Action in California

Our Experienced Employment Litigators Work Quickly to Fully Evaluate Known Facts, Policies, and Applicable Laws, Recommending, Implementing and Reassessing Strategic Responses to Best Protect Your Company from Start to Finish.
Click here or call 424-249-3631 for a free initial consultationClick here or call 424-249-3631 for a free initial consultation

When an employee raises claims against their current or former employer, it is important to understand that there is no one-size-fits-all solution.

Every matter must be evaluated independently because of the unique variables in each situation, even involving the same employer.

Additionally, when a Company is directly or indirectly put on notice of anticipated, threatened or notice of legal action of any kind, this triggers several legal obligations for California employers. Companies should seek employment attorney direction and guidance regarding these requirements and all such communications as soon as possible.

The moment you contact Sherman Law Corporation, our experienced litigators immediately guide you on compliance with your legal obligations, which include:
  • Preserving potentially relevant information related to the subject matter;
  • Issuing legal holds;
  • Collecting and reviewing documents and electronically stored information (ESI);
  • Investigating all known facts, policies and applicable laws to assess potential liability and exposure to the Company and individuals involved

Because our initial assessment cannot include all potentially relevant evidence or numerous other unforeseen variables, we regularly reassess and update our assessment and corresponding strategies for our clients.

All communications with an attorney from Sherman Law Corporation are protected from disclosure by the attorney-client privilege, and our workplace investigations are also privileged and confidential (unless the Company later waives the privilege to support the Company’s defenses).

"Lisa Sherman has been extremely helpful as outside counsel for my company in employment litigation matters. She is very well-versed in CA employment law and will advocate zealously to protect your business. Lisa has been a pleasure to work with and I highly recommend her."

~ Kimberly Godsey

Representation Pre-Litigation
and in Legal Actions

Our legal practice involves extensive representation of clients who are predominantly employers and/or high-level executives in threatened or actual litigation. Sherman Law Corporation has litigated individual and class action employment-related claims and represented clients in audits before administrative agencies and in California’s state and federal courts, and in alternative dispute resolution, including private arbitration and mediation.

Click here or call 424-249-3631 for a free initial consultationClick here or call 424-249-3631 for a free initial consultation
We have extensive experience responding to complaints of discrimination, harassment, and retaliation, as well as wage and hour claims filed with agencies including:

  • The California Department of Fair Employment and Housing (DFEH);
  • Division of Labor Standards and Enforcement (DLSE);
  • Employment Development Department (EDD);
  • The federal Department of Labor (DOL); and
  • Equal Employment Opportunity Commission (EEOC)

Employment-Related Claims that We Regularly Encounter

California Laws Governing the Employment Relationship

The vast majority of employment-related claims are brought under California’s laws because they are far more extensive than federal law or those of any other state. The most prevalent claims under California law include violations of the following:

Violation of California’s Laws against Discrimination, Harassment, Retaliation, and Failure to Prevent Such Claims

The Fair Employment and Housing Act (FEHA) prohibits actual or perceived discrimination, harassment, retaliation, and/or failure to prevent these claims based on a broad range of protected characteristics.

Violation of California’s Leave Laws

The California Family Rights Act (CFRA), which is part of FEHA, prohibits discrimination, harassment, retaliation, and interference against an individual who exercises his or her right to family and medical leave under CFRA.

Violations of California Laws Recognizing Important Public Policies

The California Labor Code, for example, prohibits discrimination in employment based on public policy grounds, such as lawful off-duty conduct, gender-based wage discrimination, filing a claim with the California Labor Commissioner, filing a complaint, or exercising rights under California’s Occupational Safety and Health Act (Cal-OSHA).

Violations of California’s Wage and Hour Laws

Wage and hour claims typically involve misclassification of independent contractors and exempt salaried employees that, if true, automatically violate numerous other wage and hour laws, including, without limitation, failure to pay all compensation due and owing timely, failure to comply with record-keeping obligations, failure to pay overtime, violation of meal and rest break laws, and inaccurate wage statements/violation of recordkeeping obligations.

Violations of California’s Trade Secret Act, Unfair Competition, etc.

California’s Civil Code adopts the federal Uniform Trade Secrets Act (UTSA) in defining misappropriation of trade secrets, for unlawful, unfair, or fraudulent acts or business practices, and several other federal and state-related claims. These claims are typically raised when a current or former employee uses non-public, proprietary Company information that damages his/her former employer. Unfair competition lawsuits are among the costliest to the Company.

Common Law Claims

These include breach of contract, breach of the implied covenant of good faith and fair dealing, breach of employment obligations, fraud, invasion of privacy, intentional and negligent infliction of emotional distress, assault, battery, false imprisonment, defamation, wrongful conduct in violation of fundamental public policies underlying Federal or State statutes or Constitution, etc.

The Benefits of Retaining Our Experienced Employment Litigators

Anytime we assess or reassess a proposed strategy with our clients, it is important that we give them an unfiltered assessment of the potential risks, benefits, and costs, so that they can make a fully reasoned decision on how they wish to proceed.

When our own investigation strongly supports a finding that an employee’s claims are frivolous, and/or that the employee has engaged in gross misconduct clients are usually steadfast in their resolve to launch an aggressive offensive – as they should be. While we cannot predict how a dispute will ultimately be resolved at any given time, we will aggressively defend and pursue all legal remedies for our clients throughout our representation.

We invite you to give us a call today at (424) 249 -3631 to discuss actual or threatened legal action involving you and/or your Company.

Contact the Sherman Law Firm Today

Call the Sherman Law Firm at 424-249-3631 to schedule your free consultation today.

Call 424-249-3631 for a free initial consultationCall 424-249-3631 for a free initial consultation



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