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REPRESENTATIVE EMPLOYMENT MATTERS
Advice and Counseling to Employers
The Firm provides ongoing employment advice to various clients in the software, hardware, staffing, food service, real estate and construction industries in the following substantive areas:
- Protection of intellectual property, trade secrets and key employee migration issues
- Management training regarding sexual harassment and discrimination laws
- Development and implementation of various employment policies, including employee handbooks, severance plans, commission plans, and bonus plans
- Drafting offer letters, proprietary information agreements, employment agreements and severance agreements
- Implementation of reductions in force
- Wage and hour compliance
- Discipline and termination decisions
- Leaves of absence relating to pregnancy, disability, family and medical leave, and work-related injuries
- Accommodation of employees with disabilities
- Employee privacy issues
- Conducting investigations and recommending preventive and disciplinary measures in connection with sexual harassment and discrimination complaints
Advice and Counseling to Employees
Firm attorneys regularly counsel departing employees regarding obligations to their former employer and rights and obligations in their new employment context. The Firm also advises the founders of start-up companies regarding IP and employment-related issues. The Firm also often negotiates employment and severance packages for high-level executives, including situations involving mergers and acquisitions, the triggering of "change in control" provisions, and sensitive public-company disclosure issues.
Employment Litigation
The Firm regularly represents clients in employment-related matters in state and federal courts, and before the Labor Commissioner, EEOC, DFEH, EDD and other administrative bodies. Representative matters have included:
- Successfully defended non-bank commercial real estate start-up in wrongful termination dispute asserted by terminated founding executive which involved a purportedly guaranteed contract worth over $1 million. Engagement resulted in extremely favorable confidential settlement without action having been filed.
- Successfully defended administrative action brought against defunct start-up company and its individual founders by terminated co-founder who sought back pay and the value of promised equity, claiming he was really just an employee. The Labor Commissioner ruled in favor of the company and its founders, awarding the co-founder nothing.
- Defense of ex-CEO's suit for wrongful termination against hi-tech battery manufacturer, which included cross-claims for fraud and breach of fiduciary duty arising from CEO's unusual activities. The action resulted in a favorable settlement.
- Represented plaintiff in race discrimination action against large aerospace company which resulted in six figure verdict for plaintiff.
- Handled defense of numerous race discrimination and sexual harassment actions in state and federal court brought by current and ex-employees against client which owned over 50 fast food restaurants. None of the cases resulted in verdicts against the client and summary judgment in client's favor was achieved in several, including three where monetary sanctions were awarded against the unsuccessful plaintiff.
- Obtained summary judgment in federal court for Canadian furniture manufacturer in action for wrongful termination and lost commissions brought by ex-sales representative. Judgment was affirmed on appeal and costs were awarded to client.
- Successfully prosecuted actions on behalf of two IT sales executives in action for unpaid commissions against their former employer, a large telephone and wireless services provider. The actions resulted in six-figure settlements paid to each of the individual clients.
- Successful in obtaining TRO and preliminary injunction in trade secret and conversion action for hi-tech reseller against dumpster-diving ex-employee who had stolen proprietary customer information and started a competing business. Action resulted in permanent injunction, return of materials and agreement to repay client's attorneys' fees.
- Prosecuted trade secret action in state court for civil engineering firm against departed executive and his new employer who had stolen ongoing projects and related proprietary materials. Action resulted in confidential settlement including the return of materials and payment in full of client's attorneys' fees.
- Defense of six-figure wage and hour action brought against prominent verification software company by systems analyst, claiming he was entitled to overtime because he had actually performed the duties of a systems administrator. Achieved favorable confidential settlement of nominal value the day before trial.
- Prosecuted sexual harassment matter on behalf of female VP of prominent hi-tech company against former employer and individual executive. Engagement resulted in six-figure settlement for client without suit having been filed.
- Defended various companies against claims of age, race, gender, and national origin discrimination.
- Defended company against claim for discretionary bonus by former employee.
- Defended officers and directors against allegations that they were personally liable for wages owed to employees of two different failed start-up companies.
- Prosecuted claim for multi-million dollar benefits owed under employment contract to terminated high-level executive. Arbitration resulted in multi-million dollar award to employee.
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