Employment Litigation
Our litigators handle a wide range of issues, problems and disputes involving businesses and their employees. We counsel businesses and senior executives on every aspect of the employment relationship, including compliance with federal and state employment laws, the protection of trade secrets, non-compete provisions, severance agreements, and the pre-dispute resolution of potential employment problems.
In the litigation arena, whether federal court, state court or arbitration, we handle all manner of employment cases, including those involving wrongful termination, discrimination, harassment, whistle blower, retaliation, wage and hour, misappropriation of trade secrets and unfair competition.
- Represented a live entertainment company in a jury trial in an action by a former officer who sued the company and its chief executive officer for breach of an employment contract.
- Represented a chain of restaurants and its managers and employees in a jury trial in which former employees alleged sexual harassment, wrongful termination, and retaliation.
- Represented an entertainment company in action alleging pregnancy discrimination.
- Represented a start-up manufacturing company and its management employees in two separate two-month jury trials in an action alleging misappropriation of trade secrets, unfair competition, interference with prospective business advantage and other business torts arising out of the management employees’ former employment with and departure from a rival manufacturing company.
- Represented a national security guard company and management employee in a one-week jury trial in defense of wrongful termination and sexual harassment claims brought by a terminated security officer.
- Represented a technology company in a week-long jury trial defending against claims by a discharged senior executive of breach of contract and fraud.
- Represented an internet company in an arbitration brought by a former employee alleging wrongful termination and discrimination based on race and gender.
- Represented a recycling company and its management who were sued for wrongful termination by a former line manager who claimed that he was fired for lack of productivity after suffering a back injury on the job.
- Represented a marketing company in defense of an employment discrimination claim based on alleged sexual harassment and hostile work environment.
- Represented a live entertainment company sued for wrongful termination by a salesperson who was not meeting sales goals but claimed that he was terminated because of his age and being a member of the Jewish faith.
- Represented a European high-end microphone manufacturer in a lawsuit against a former executive and company co-founder who had misappropriated trade secret microphone designs and opened a competing business in California.
- Represented a genetically-enhanced vegetable breeding company in a trade secrets claim brought by a competitor arising from the company’s hiring of the competitor’s lead biologist.
- Represented a military defense contractor in a state court lawsuit brought by a former employee-engineer who sought to obtain the contractual rights to patents and trade secrets that belonged to the company.
- Represented a post-production film company in a lawsuit by a former employee who alleged a breach of his separation agreement based on allegedly libelous statements made about him on the internet, which were traced back to a company employee’s workstation.
- Represented a mixed martial arts management company against claims made by a medically depressed former in-house lawyer who claimed the company breached his employment agreement by not renewing his term agreement.
- Represented 23 basic science professors in prosecution of action against a major university for breach of employment contracts and age discrimination affecting tenure, compensation and academic freedom.
- Represented a motion picture production company in a lawsuit by the former CEO who sued the company for fraudulent inducement in having left his previous position and constructive discharge from his new position.
- Represented an entertainment industry company in defense of an action alleging employment discrimination on the basis of pregnancy.
- Represented a mobile phone company against claims made by a former employee for failure to pay overtime wages.
- Represented a natural foods company in defense of employment discrimination claim alleging age discrimination in connection with company-wide layoffs.
- Represented an entertainment industry executive in an action to enforce his right to receive severance payments.
- Represented an agricultural company against claims by a former employee seeking overtime pay.
- Represented a media company in a sexual harassment lawsuit brought by a former employee.
- November 2018 New Ruling Requires California Employers to Revise Employee Solicitation Restrictions in Employment Agreements November 2017: How to Handle Salary History When Hiring in California January 2017: California Supreme Court Prohibits “On Call” Rest Breaks for Employees
- August 2014: CA Supreme Court Firmly Upholds Enforceability of Class Action Waivers, Except For PAGA Representative Claims
- June 2013: U.S. Supreme Court Narrows Another Loophole for Escaping Arbitration
- April 2013: Making Arbitration Provisions In Employment Agreements Cover Statutory Claims
- January 2013: California Supreme Court Weakens Integration Provisions in Contracts
- January 2013: Clarity May Be Coming For Arbitration Provisions in Employment Agreements
- June 2012: Employee’s Refusal to Sign Acknowledgment of Disciplinary Report Has Dire Consequences for Employee
- May 2012: Another Employment Arbitration Provision Found Unconscionable
- April 2012: Employers Continue Their Struggle to Write Enforceable Arbitration Provisions
- April 2012: California Supreme Court Hands Employers a Victory and Provides Clarity on Meal and Rest Break Litigation
- March 2012: Avoiding Unconscionable Arbitration Provisions in Employment Contracts
- February 2012: Plaintiffs Are Once Again Invalidating Class Action Waivers
- January 2012: New California Employment Laws for 2012
- December 2011: Arbitration, Arbitrability, and Who Decides: Avoiding Arbitration Surprises
- December 2010: New Decision Restricts Right to Fire ‘At-Will’ Employees
- November 2010: Arbitration Provision in Employment Agreement Invalidated Because Employer Failed to Attach Arbitration Rules
- October 2010: Recent Decision Illustrates Dangers of Uncritical Performance Evaluations
- October 2010: Employer Faces Trial For Failing to Prevent Employee’s Sexual Overtures to Fellow Employee
- June 2010: Appeals Court Holds That Defendant Waived Arbitration by Participating in Court Proceedings
- May 2010: Appeals Court Rules That Trial Court Erred in Refusing to Enforce Arbitration Provision
- May 2010: Appeals Court Holds That Termination Based on Pregnancy Is Not Unlawful If Other Factors Also Motivated the Decision
- May 2010: Court Refuses To Enforce “Unconscionable” Arbitration Provision
- April 2010: State of the Art Dispute Resolution: What’s In Your Contract?
- December 2009: Appellate Court Holds That ‘Fundamental Public Policy’ Precludes Terminating Employee For Making False Overtime Claim
- December 2009: Appeals Court Rules That Thirteen Incidents of Alleged Sexual Harassment Over Two to Three Years Did Not Violate California Law
- November 2009: Employer Held Liable For Failing to Notify Supervisor of Accommodation Provided to Disabled Employee
- November 2009: Appellate Court Reverses Arbitration Award Because Arbitrator Failed to Allow Introduction of ‘Material Evidence’
- August 2009: California Supreme Court Allows Secret Videotaping of Employees in Their Private Office
- June 2009: Appellate Court Upholds $1.6 Million Sanction Award Against Employer That Filed Trade Secrets Claim in Bad Faith
- April 2009: Employee’s Release of Wage Claims Enforceable If There Is a “Bona Fide Dispute” Over Wages Owed
- December 2008: California’s Labor Laws Apply to Work Performed by Non-California Residents in California
- August 2008: California Supreme Court Rejects “Narrow-Restraint” Exception to Prohibition on Noncompetition Agreements
- August 2008: California Supreme Court Allows Judicial Review of Arbitration Decisions for Errors of Law
- July 2008: Drafting Arbitration Provisions to Mitigate Bad Arbitrator Decisions
- April 2008: California Appeals Court Upholds Broad Non-Competition Agreement
- December 2007: Arbitration Clause In Employee Handbook Held Unenforceable Because Employee Did Not Sign Separate Arbitration Agreement
- December 2007: Non-Signatories Can Compel Arbitration
- December 2007: Employer Held Liable For Firing Employee Who Complained About Clients’ Billing Practices
- November 2007: Appellate Court Invalidates Arbitration Agreement Presented to Employees Through Interoffice Mail
- September 2007: California Supreme Court Invalidates Class Arbitration Waiver
- December 2007: Employer Faces $2 Million Judgment For Mishandling Employee’s Disability Accommodation Request
- June 2007: New Limits on Agreements Not to Hire Another Company’s Employees
- March 2007: Federal Appeals Court Expands Employers’ Right to Sue Competitors Who Solicit Employees
- September 2006: Non-Compete Agreements
- September 2006: Court Rejects Non-Solicitation Provisions
- February 2005: Court Enjoins Employee Solicitation
- May 2004: Are Your Arbitration Agreements Enforceable?
- January 2013 California Supreme Court Weakens Integration Provisions In Contracts
- December 2012 When Law Produces Results at Odds with Common Sense
- April 2012 Judicial Hostility to Arbitration Provisions in Employment Agreements
- November 2010 The Role of Performance Evaluations in Employment Discrimination Claims
- September 2008 Performance Review: Arbitration Decisions Now Reviewable For Legal Error
- April 2006 New Risks for California Businesses in Drafting and Enforcing Customer and Employee Non-Solicitation Agreements
- February 2005 The Risks of Recruiting At-Will Employees
- November 2002 How Misuse of the Uniform Trade Secrets Act Can Be Countered