The Employment practice group provides advice and counsel regarding employment matters, and engages in litigation, when necessary.
The firm has defended a variety of employment claims and lawsuits, including:
- ADA (Americans with Disabilities Act) litigation
- FEHA (Fair Employment and Housing Act) complaints
- Employment discrimination
- Harassment claims
- Wage and hour suits
- Successfully settled a joint workers' compensation and disability discrimination claim filed by an employee of a county transit district in Central California. The employee alleged that he injured his back on the job and was later discriminated against by not being allowed to return to his prior position. Achieved a $50,000 settlement despite damaging evidence against our client, the employer.
- Represented a temporary staffing agency in several consecutive gender and pregnancy discrimination cases. The employment agency was accused of systematically discriminating against pregnant women and forcing their constructive terminations. We were able to negotiate favorable and confidential settlements in a number of suits against our client well within the available employment practices liability insurance coverage limits.
- Obtained a dismissal of a FEHA complaint at the administrative level for a race discrimination claim made by a temporary employee against a credit check.
- Represented a national temporary staffing agency against claims for gender, disability and pregnancy discrimination by a pregnant female employee. Our motion for summary judgment was based on the fact that the employee was not fit for employment and was thus terminated for cause. The motion was granted and we successfully recovered our defense costs from the employee.
- Represented international linen manufacturer and distributor in disability discrimination lawsuit and settled for nuisance value amount within thirty days of assignment.
- Represented a Fortune 300 national rental car company in a race discrimination case filed by a customer. Obtained summary judgment against the customer for failure to prove a case of discrimination and were awarded our costs of defense.
- Represented a national real estate brokerage in a discrimination case filed by a client and successfully negotiated a nuisance value settlement.
Expedited Jury Trials: The Why, When and How of the New California Law
Effective January 1, 2011, California has enacted statutes for Expedited Jury Trials (EJT). Sharon Hightower, assistant managing partner of Ericksen Arbuthnot's San Jose office, has prepared a seminar to explain this new statute to attorneys, clients and insurance carriers. She will explain what types of cases are best suited for EJT and how cases are selected for this alternative trial option. Her presentation includes the following topics:
- Background of the new law
- Pre-trial procedures
- Selection process for cases
- Trial procedures:
- Admissibility of evidence
- Voir dire
- Required deadlines
For more information about EJT, see
"California Offers a New Trial Option."
Employers Guide to Dealing with Sexual Harassment Claims
This seminar addresses the following issues:
- Potential employer liability for sexual harassment
- Potential supervisor and co-employee liability for sexual harassment
- Handling sexual harassment claims from an employer's perspective
- Constructive discharge and hostile work environment claims
- Risk management and handling of sexual harassment claims