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Mediation, Arbitration and Litigation
The attorneys in our Employment and Litigation
Groups have extensive experience in jury trials, arbitration
and mediation involving employment disputes. They possess
a wealth of knowledge on the federal and state judges, potential
arbitrators and mediators and opposing counsel. They believe
in the use of early mediation to resolve claims, but they
have the necessary experience in the trial and arbitration
of employment cases to represent our clients aggressively
and successfully in court or before an arbitrator.
Employment disputes can turn into lawsuits
just like any other dispute. But employment is one of the
most heavily regulated relationships in society, and inevitably
every business will be faced with a claim. The claim may begin
as a request for information from the federal Equal Employment
Opportunity Commission, the state Department of Fair Employment
and Housing or California’s Employment Development Department.
It may begin with a demand letter from an attorney. Most often,
a process server will arrive in the lobby to deliver a lawsuit.
The potential claims arising out of the employment relationship
are too numerous to list – the more common allegations
include discrimination, harassment, wrongful termination,
misrepresentation and infliction of emotional distress or
defamation. Expanding laws create new potential, problematic
claims, such as unfair competition class actions based on
the failure to pay overtime, invasion of privacy, Sarbanes-Oxley
whistleblower claims, or a class action for violations of
the Labor Code. Sometimes disputes are subject to a written
agreement to submit all disputes to binding arbitration, but
California courts are very restrictive on the enforceability
of such agreements, and the dispute may nevertheless end up
in court. Whatever form the claim takes, and whatever its
scope, it must be addressed aggressively and with an overall
strategy. When setting the strategy, we strive to be pragmatic
and to remain conscious of our clients’ business goals.
We also have extensive experience working with insurance carriers
when a claim arises that is covered by a client’s employment
practices policy.
Use these links for more information on Trial,
Arbitration and Mediation.
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