Employment & Labor
The Davis Law Firm's employment and labor practice is unique because our lawyers put to use exemplary trial skills and years of experience in state and federal courts. Our attorneys combine genuine trial skills with a thorough command of the laws governing employment relationships. The firm's attorneys provide effective and efficient representation on issues of wrongful termination, harassment, discrimination, and retaliation, hiring and termination procedures, employment contracts, and compliance with California and federal laws.
Wrongful Termination, Harassment, Discrimination, Retaliation, and Wage & Hour including Meal and Rest Breaks
Our lawyers successfully have represented clients in hundreds of cases involving claims of wrongful termination, retaliation, harassment, and discrimination (based on race, sex, national origin, age, gender, disability, and sexual orientation). The firm also handles complex employment lawsuits, including class and representative actions, allegations of unfair business practices in violation of California Business & Professions Code § 17200, whistle-blower claims, and other cases involving allegations of widespread employment misconduct. The Firm's lawyers represent clients in state and federal courts, and before administrative tribunals (California Department of Fair Employment & Housing, the Equal Employment Opportunity Commission, and California Labor Commissioner).
Recent employment case successes include:
Following a 6 week jury trial obtained a defense verdict on all counts in favor defendant clients in an employment action in which the Mexican-American plaintiff alleged sexual harassment, national origin harassment, retaliation, failure to prevent harassment and retaliation, wrongful discharge in violation of public policy (Labor Code wage and hour laws, Health and Safety Code), failure to pay wages for meal breaks, failure to pay wages for rest breaks and waiting time penalties.
Defense verdict in two-week trial of employee's fabricated claim that a manager raped and sexually harassed her.
Obtained summary judgment against an employee who claimed his supervisor sexually harassed and sexually assaulted him with a broom handle.
Obtained summary judgment against employee who claimed his employer wrongfully terminated him because of a claimed disability and serious medical condition under the ADA and CFRA.
Successfully represented employee on appeal and obtained complete reversal of more than $500,000 trial court judgment against employee (occurring prior to our representation), and obtained unanimous appellate court ruling that other side failed to show that our client breached the duty of loyalty owed to her former employer.
Successfully defended and resolved complex putative class action filed in Los Angeles on behalf of all current and former employees of manufacturing client, alleging numerous wage and hour Labor Code violations based on the classification of employees as exempt.
Obtained dismissal of entire lawsuit by high-ranking executive officer against hospital employer and CEO alleging fraud and deceit, interference with economic advantage, and emotional distress claims.
Obtained dismissal of action alleging gender and sexual orientation discrimination, defamation, and fraud against a large real estate firm and obtained substantial payment from the plaintiff to the client based on the maliciousness of the suit.
Obtained a defense award ($0.00) in favor of an auto dealership wrongfully accused of not paying commissions.
Hiring & Termination Procedures
The Davis Law Firms helps employers develop and implement appropriate procedures and forms to use in connection with employment applications, interviews, grievances, discipline and terminations, to minimize the risk of claims for unlawful hiring practices or wrongful discharge. We also draft, review, and update employee handbooks and employer policies and procedures, and provide advice and counseling on discipline, termination and other work place issues, and on severance and release agreements to proactively avoid wrongful termination lawsuits.
We also have substantial experience drafting and enforcing all types of employment agreements, including proprietary, non-disclosure and non-solicitation agreements, as well as executive compensation, employee and independent contractor agreements.
Training, Compliance, & Prevention
We work proactively with our clients, and regularly advise clients regarding proper compliance with numerous California and federal statutes, including:
- Family, medical, disability and military leave laws
- Hiring, discipline, and termination advice
- Wage and hour laws
- Discrimination and harassment
- Disability accommodations
- Disability access
- Non-compete and non-solicitation agreements
- Trade secrets and intellectual property
- Drug and alcohol testing
- Employment policies and handbooks
We provide a full range of state-mandated harassment, discrimination, and work-place training programs to help employers comply with California and federal law and to avoid future lawsuits.