Wrongful Termination Litigation and Consultation -- Including Claims for Employment Discrimination under State and Federal Law -- From the Employer's Perspective
Most wrongful termination and discrimination claims can be successfully resolved before they reach the litigation stage. Often, in order to convince the terminated employee that he or she should not bring a lawsuit, it is critical to consult with an attorney with personnel experience early in the process. Over 99% of the employee terminations that I have been involved in never turned into litigation. On the other hand, a mistake in the termination process by a personnel manager, or other well-meaning manager or supervisor, can severely prejudice the employer's interests in a situation that otherwise could be simply and quickly resolved by an experienced employment attorney. I also have extensive experience successfully dealing with government agencies, both state and federal, on a myriad of different types of discrimination claims -- from the most basic race, sex and age discrimination claims to the far more complex claims for discrimination based on physical handicap, medical condition, pregnancy, religion, national origin, alcohol and drug addiction and health and marital status.
Consultation Regarding Daily Personnel Practices
A prudent employer recognizes that the ever-changing world of employment law requires occasional consultation with an attorney to avoid the pitfalls that can arise from everyday personnel administration. A seemingly harmless error by an unwary personnel employee, office manager or supervisor can expose the employer to needless interference from state and federal agencies, especially in the area of employee discipline and termination, vacation pay, wage and hour issues such as overtime, meal and rest periods, and severance and pregnancy leave. In the worst case scenario, such a mistake can unnecessarily lead to a lawsuit. In other cases, a complaint from a disgruntled employee may lead to a costly and unpleasant government audit.
I have extensive experience in the areas of vacation pay, severance pay, wage and hour law, including overtime and "exemption" issues. I have appeared scores of times before the California Labor Commissioner and the U.S. Department of Labor for wage and hour hearings. Additionally, I have consulted on, and participated in, many wage-hour audits before state and federal agencies.
Drafting, Editing and Implementation of Personnel Manuals
Any employer with twenty-five or more employees should seriously consider creating and distributing a personnel manual. Such a manual not only informs the employees about the employer's rules and benefits available to the employees, but also helps to let the employees know what is expected of each of them, in terms of performance and conduct. Just as importantly, however, the personnel manual provides a reference for the manager for the fair and non-discriminatory implementation of common company policies.
I regularly create and edit personnel manuals for companies of all sizes. Often, even those companies that already maintain and distribute personnel manuals find that they have not been updated to reflect recent changes in California and federal employment law. For instance, many California employers have not revised their manuals to reflect the changes in policy made necessary by the state and federal Family Leave Acts. Similarly, recent changes in the state and federal law regarding pregnancy discrimination and COBRA substantially affect leave of absence policies.
More often than not, my review of a personnel manual, or overview of a company's personnel practices, targeting potential problem areas, can be very inexpensive, and a tremendously effective way to eliminate the possibility that small mistakes become big lawsuits.
