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.
Visit our Litigation Group page for more information on trial, arbitration and mediation.