Home » Attorneys » Erin L. McDermit
Erin L. McDermit – Associate
Biography
Erin is an associate in the firm’s Litigation and Employment Groups, specializing in employment law matters. Her practice focuses on representation of employers and executives in employment negotiations and disputes, as well as counseling employers in creating and implementing employment policies and preventative strategies. Erin also has experience in business litigation, including cases involving corporate dissolution, breach of fiduciary duties of directors and officers, fraud, and breach of contract, and electronic discovery and production of documents in complex litigation.
Litigation Experience:
Erin has represented employers and business owners throughout the litigation process, from the initial court filing through resolution at mediation, binding arbitration, trial, and before government agencies such as the Department of Labor Standards Enforcement.
Counseling Experience:
This area of Erin's practice includes representation of employers and executives in negotiating terms of employment offers, confidential information and invention assignment agreements, severance negotiations, and separation and release agreements. She also assists employers with creation of employee handbooks and training and implementation of employment policies related to wage and hour compliance and preventing unlawful discrimination.
Representative Matters:
- Represented technology company at final hearing before California Department of Labor Standards Enforcement for claims for unpaid commission and bonus payments brought by terminated employee whose claims were entirely denied.
- Obtained judgment after breach of settlement agreement for international technology company in excess of $1,500,000.
- Supervised sexual harassment investigation and resolution of harassment claim on behalf of Board of Directors of Silicon Valley organization.
- Counseled Silicon Valley General Counsel on discipline and termination of non-performing, disabled executive employee.
- Successfully defended company against claims for unpaid overtime and missed meal and rest breaks at final hearing before California Department of Labor Standards Enforcement.
- Drafted successful summary adjudication motion and participated in mediated settlement of breach of fiduciary duty and fraud case brought by former president against corporation and its principal shareholders.
- Successfully defended commercial landowner at trial in lawsuit brought by multiple commercial tenants as second-chair counsel.
- Represented company as co-counsel in binding arbitration, including complex issues surrounding enforcement of non-compete agreement and theft of trade secrets.
- Negotiated settlement of wage and hour dispute before California Department of Labor Standards Enforcement brought by former employees and community activist against local landscaping business.
- Drafted and argued motion to compel production of electronic evidence, including hard drive of former employee.
Articles & Publications
- Wage Theft Notice - Required For All Private Employers
(PDF) (HTML)
- Wage Theft Prevention Act of 2011!
(PDF) (HTML)
- California Commission Plans Must be in Writing
(PDF) (HTML)
- Duty to Accommodate the Permanently-Disabled Worker
(PDF) (HTML)
- New Case-law on the Exempt Professional Employee in California
(PDF) (HTML)
- Termination Dos and Don'ts
(PDF) (HTML)
- Time to Reconsider the Class Action Waiver in Employment Arbitration Agreements
(PDF) (HTML)
- U.S. Supreme Court Expands Reach of Retaliation Protection
(PDF) (HTML)
- Unemployment and Misconceptions
(PDF) (HTML)
- Court Rules That Meal and Rest Break Penalties Cannot be "Stacked"
(PDF) (HTML)
- E-mails Between Client and Attorney Are Not Privileged Communications When Sent on Employee's Work E-mail Account
(PDF) (HTML)
- 2010 Employment Case Highlights
(PDF) (HTML)
- Facebook Post Leads to Firing that may Violate Employee's Free Speech Rights
(PDF) (HTML)
- Employment Arbitration Agreements – New Guidance
(PDF) (HTML)
- Household Employees and Labor Law – Traps for the Unwary
(PDF) (HTML)
- California Courts Expand Wrongful Termination Law – Again
(PDF) (HTML)
- Unpaid Interns – The Legal Test
(PDF) (HTML)
- U.S. Department of Labor Expands Family Leave
(PDF) (HTML)
- Misclassified Independent Contractors Still Pose a Big Risk for Employers
(PDF) (HTML)
- Employment Arbitration is Dealt a Heavy Blow by the California Supreme Court
(PDF) (HTML)
- Employment Law Risk Avoidance (Part II)
(PDF) (HTML)
- Employment Law Risk Avoidance
(PDF)(HTML)
- Prevailing Employee Loses $870,000 in AttorneysÂ’ Fees
(PDF) (HTML)
- California Enacts Electronic Discovery Act
(PDF) (HTML)
- Best Practices for Preventing Inadvertent Discrimination Against Employees with Caregiving Responsibilities
(PDF) (HTML)
- E-Discovery Guide for Businesses, and the Executives and Human Resources Professionals that Run Them
(PDF) (HTML)
- California Supreme Court Invalidates Non-Competition Agreement Prohibiting Employee from Working for Former
(PDF) (HTML)
- New California Case About Meal and Rest Breaks Helps Employers
(PDF) (HTML)
- New California Law Regulates Spousal Benefits
(PDF) (HTML)
- New Changes to FMLA and Compliance Regarding Employee Leave Requests
(PDF)
- The Isaiah Thomas Retaliation Case, and the Need to Conduct Sexual Harassment Prevention Training
(PDF)
- Screwdriver Attack Leads to Case of Wrongful Termination
(PDF)
- State and Federal Leaves of Absence Provide No Loophole for the Underperforming Worker
(PDF)
Education
- Santa Clara University
J.D. 2005
CALI Award Winner, Employment Law
Santa Clara Law Review, Comments Editor
Women and Law Scholarship Recipient
Research Assistant to Dean Donald Polden - Mills College
B.A. 1992
Communications/Journalism, with honors
Mills College Weekly, Features Editor - The Putney School, Putney, Vermont
Community
- Palo Alto Chamber of Commerce Board of Directors - Member
- Santa Clara University - Alumni Guest Speaker and Volunteer Moot Court Judge
- Santa Clara and San Mateo County Bar Associations - Member
Professional Activities
- Sexual Harassment Training Provider
- Guest Speaker on Employment Law topics