I have focused my employment law practice exclusively on "Employee
Rights" for over 15 years. I have been in the practice of law for
over 33 years as an active litigator. I am currently the 2011 Chair of
the Labor & Employment Law Section of the Orange County Bar
Association, with over 400 members. In this capacity I am responsible
for providing the Section with timely employment law topics presented by
recognized experts.
Most
of my employment law practice focuses on representing fired,
transferred, demoted, or laid off employees who were selected for
termination of employment because of age, race, sex, national origin,
religion, use of medical leave, disability, or sundry like categories,
or because these complained to management about illegal pay practices,
harassment, discrimination, securities fraud, unsafe work practices, or
other illegal business practices.
One area of
employee rights often overlooked is "fraudulent inducement" to change
employment. You may have a case to recover wages and emotional damages
if your employer lured you away from a prior job with false
representations of future work conditions.
I
also represent employees who are still employed, but are being harassed
at work. The harassment may be sexual harassment, but may also be any
harassment related to age, race, religion or medical status and
disability. Harassment is the experience of a hostile work environment
resulting from frequent or severe attacks upon one's gender, religion,
race, age, or mental and physical disability. If you are harassed at
work, and complain to your manager or Human Resources official, only to
discover the harassment to continue or worsen because no adequate action
is taken by the employer, you have additional remedies, possibly for
whistle blower retaliation, or possibly for damages due to an employer's
duty to promptly investigate and correct harassment.
I
have reviewed hundreds of employee handbooks by a wide assortment of
industry employers. These handbooks are often inadequate statements of
employee rights. They even misstate your rights in some instances by
omitting to qualify the "at will" presumption of employment with a
statement that termination or harassment because of sex, age, race,
national origin, religion, disability, sexual orientation, and use of
medical leave is illegal, even for an "at will" employee. Likewise, "at
will" employees have protections against terminations because they
resist or openly oppose illegal employer practices, such as
management's harassing other employees, or failure to pay overtime, or
misrepresenting company products or services to the public.
Other issues I
will litigate in my employment law practice are defamation of
character, invasions of personal privacy by the employer, and even
extreme situations of assault and battery.
If you are
presented with a severance agreement, I am often hired to review the
"waiver and release" contract for basic fairness, to explain its terms,
and to evaluate possible wrongful lay-off or wrongful termination claims
against the amount being offered. I also advise employees concerning
"trade secret and confidentiality" agreements they may have signed.
I also
represent employees to recover wages, bonuses and commissions. The
California Labor Code allows recovery of attorney's fees in such wage
disputes. Also, many employees are led by unscrupulous employers to
believe they are not entitled to overtime pay because they are paid a
salary, given a management title, and even some real supervisory or
advisory duties of consequence. The ultimate test in California is
whether the employee is spending at least 50% of his or her usual
working day in those "exempt" activities. Numerous class action court
cases have filed in California for company wide Labor Law violations as a
result, with millions of dollars being assessed against
these employers. Thus, many employers are becoming more proactive, such
as enforcing mandatory rest and meal breaks.
Although my
office is located in Orange County California, my court appearances
occur throughout Southern California, and especially Los Angeles County
and San Bernardino County. With my depth of experience and proven
results, I know I can provide outstanding service in litigating your
employment law case. I urge you to read the testimonials of my
satisfied former clients, and to contact me personally for a free brief
initial "impression" of your potential wrongful termination case.
Contingency fee agreements are offered for cases of merit.