Employment Representative Experience

(1)

Employment Representative Experience

Attorneys: Todd A. Roberts

Key Issues: Employee vs. Independent Contractor Client Type: Defendant Health Insurance Company

Description: The sales agents of a health insurance company claimed they were employees despite expressly

agreeing they were independent contractors.

Result: The case was successfully tried to a conclusion favorable to our client before the Unemployment

Insurance Appeals Board.

Attorneys: Julian Pardo de Zela

Key Issues: Validity of Employment Contract Venue: Arbitration

Client Type: LLC

Description: Represented a Limited Liability Corporation in an arbitration to determine the scope and validity of

employment contracts involving a critically acclaimed motion picture.

Result: An Arbitrator awarded the LLC with the rights to the copyrighted film.

Attorneys: David M. McLaughlin Key Issues: Labor Code; Appeal

Venue: Worker’s Compensation Appeals Board Client Type: Defendant National Hotel Chain

Description: Represented an employer in a Labor Code section 132(a) matter before the Worker’s Compensation

(2)

injury.

Result: The matter settled favorably for our client.

Attorneys: David M. McLaughlin

Key Issues: Race Discrimination; Sexual Harassment; Retaliation Venue: USDC: Eastern District of California

Client Type: Defendant Correctional Treatment Provider

Description: Represented a national correctional facility treatment provider and operator in a race

discrimination, sexual harassment and retaliation case.

Result: The case successfully settled prior to trial.

Key Issues: Constructive Termination; Sexual Harassment; Sexual Assault Venue: Santa Clara County Superior Court

Client Type: Defendant Independent Contractor

Description: Represented the defendant, an independent contractor, in a constructive termination, sexual

harassment and sexual assault case involving judicial estoppel issues.

Result: The key witness in the case committed suicide during discovery and the case resolved nominally

thereafter in favor of our client.

Key Issues: Disability Discrimination; Wrongful Termination Venue: Not Filed

Client Type: Plaintiff President Pharmaceutical Company

Description: Advised the president of a multi-billion dollar pharmaceutical company in a disability discrimination

and wrongful termination action.

Result: The case settled prior to the filing of a lawsuit.

(3)

Key Issues: Civil Rights; Discrimination; Wrongful Termination; Indian Preference Act Venue: USDC: Northern District of California

Client Type: Defendant Health Care Center

Description: Represented an Indian health center in a civil rights, discrimination and wrongful termination action

involving the Indian Preference Act.

Result: The matter was resolved in mediation to our client’s satisfaction.

Key Issues: Employment; Sexual Orientation Discrimination; Hostile Work Environment Venue: Alameda County Superior Court

Client Type: Defendants Software Corporation & Individuals

Description: Represented a software and data management corporation and individuals in a lawsuit filed by an

employee alleging discrimination and hostile work environment based on sexual orientation.

Result: Obtained a settlement that was very favorable for our clients after discovery and internet research

revealed information contradicting the plaintiff's contentions. We settled for approximately the amount of attorneys fees and costs.

Key Issues: Employment; Retaliation; Whistleblowing; Wrongful Termination; Breach of Contract Venue: San Mateo County Superior Court

Client Type: Plaintiff Start-Up Company

Description: Represented the COO who transformed a small, private start-up medical device company to a

wildly successful public corporation but was retaliated against by a founder for whistleblowing to protect corporate interests and wrongful termination.

Result: The case settled prior to binding arbitration.

Key Issues: Employment; Age Discrimination; Wrongful Termination Venue: Los Angeles County Superior Court

Client Type: Defendant Music Corporation

Description: Represented a large music corporation and individuals in an age discrimination and wrongful

(4)

Result: The case was settled after the defendants filed a summary judgment motion.

Attorneys: Lisa E. Aguiar

Key Issues: Discrimination, Harassment Venue: Stanislaus County

Client Type: Defendant City

Description: The plaintiff sued our client, the City, because of alleged racial discrimination and harassment.

Plaintiff alleged that several racial comments were made toward him and that certain employees made him feel as if his life was threatened during his time working for the City.

Result: The case settled the night before trial with a result favorable to our client. The plaintiff only received

approximately one-fifth of the demanded $220,000 in damages.

Key Issues: Employment; Sexual Harassment, Hostile Work Environment Venue: Alameda County Superior Court

Client Type: Defendant Fast Food Entity

Description: Represented a fast food entity in a sexual harassment claim filed by an employee who was a minor

and alleged inappropriate sexual contact by a supervisor (that was caught on restaurant surveillance camera).

Result: The case settled for approximately attorneys fees and costs. A job relocation was offered to the plaintiff.

Key Issues: Employment; Wrongful Termination; Whistleblower Venue: JAMS Arbitration (San Mateo County Superior Court) Client Type: Defendant Chief Operating Officer

Description: Represented the defendant, a chief operating officer of a publicly-traded company, in connection

with allegations of wrongful termination of employment and retaliation.

Result: Obtained a confidential settlement favorable for our client.

Attorneys: Lisa E. Aguiar

(5)

Venue: Stanislaus County Client Type: Defendant City

Description: Represented the city in a suit against a claim for wrongful termination of a police officer. Due to

the city’s employment policy, the plaintiff was automatically entitled to an appeal of his discharge. The plaintiff demanded reinstatement and back pay.

Result: In a binding arbitration, it was decided that the city’s decision to terminate the officer was proper. No

damages were awarded to the plaintiff.

Key Issues: Wrongful Termination; Disability; Discrimination; FEHA Venue: San Mateo County Superior Court

Client Type: Defendant Packaging Company

Description: Defended a worldwide packaging company against a complaint filed by a former employee alleging

wrongful termination, disability discrimination, and FEHA-based causes of action.

Result: Prevailed on a discovery motion with sanctions awarded. Settled at mediation for nominal amount.

Attorneys: Dennis J. Ward Key Issues: Wrongful Termination Venue: Alameda County Superior Court Client Type: Defendant Employer

Description: The plaintiff, a regional sales manager, claimed he had been wrongfully terminated from his

employment in violation of an implied contractual agreement. He had been employed for about 15 years by our client.

Result: Obtained a defense verdict for our client.

Attorneys: Todd A. Roberts Key Issues: Sexual Harassment

Venue: San Francisco County Superior Court; Hawaii Circuit Court Client Type: Worldwide Hotel Chain

Description: Represented an international hotel chain in connection with allegations by their client relating to

alleged inappropriate touching during spa treatment.

Result: Successfully compelled dismissal of action in the San Francisco County Superior Court and awarded costs

(6)

of suit.

Key Issues: Sexual Orientation; Disability; Discrimination; Harassment; Retaliation; Non-Profit; Employment Venue: Department of Fair Employment and Housing (DFEH), Oakland

Client Type: Defendant Non-Profit

Description: Represented a social and political organization in achieving a historical settlement for a political

and social change organization. The lesbian African American Director of Operations and Administration brought a DFEH claim alleging sexual orientation and disability discrimination, harassment and retaliation. She claimed that the Executive Director continuously asked her about her relationship with her lesbian African

American administrative assistant, implying that they were having a romance. The claimant was placed on administrative leave with an investigation pending.

Result: At mediation, the respondent organization paid the claimant nothing ($0) and she resigned her position

effective on the date of the mediation. The parties agreed to a mutual release of all claims.

Attorneys: Lisa E. Aguiar Key Issues: Union, Discipline Venue: Stanislaus County Client Type: City

Description: Advised our client, the city, on how to properly discipline police officer who failed to respond to a

call.

Result: The discipline against the officer resulted in a successful resolution of the issue.

Attorneys: Stephen J. Erigero

Key Issues: Employment, Public Policy, Director Decisions Client Type: Defendant Corporation

Description: Currently defending a corporation in a suit in which the plaintiff alleges a cause of action based on

alleged wrongful termination in violation of public policy. The plaintiff seeks damages for alleged unfair business practices by officers and directors of the corporate employer.

(7)

Attorneys: Stephen J. Erigero

Key Issues: Employment; Wrongful Termination Venue: Los Angeles County Superior Court

Client Type: Defendant Telecommunications Provider

Description: Currently defending a telecommunications provider in an action for wrongful termination by an

employee shareholder. The terminated employee brings additional claims against the officers and directors based on the decision and the procedure that was used to terminate.

Key Issues: Race Discrimination; Sex Discrimination; Employment Termination Client Type: Defendant Non-Profit Company

Description: Represented a non-profit company in a race and sex discrimination claim arising from employment

termination.

Result: The case settled favorably for our client.

Attorneys: David M. McLaughlin Key Issues: Unruh Act Violations

Venue: San Mateo County Superior Court Client Type: Defendant Hospitality Provider

Description: Represented a Four Points by Sheraton Hotel and Suites property in South San Francisco. After his

stay, a wheel chair bound disabled person sued the hotel for 19 Unruh Act Violations, treble damages/penalties and attorney fees, claiming denial of full and equal access to the facilities.

Result: The case settled for $8,000 plus an agreed remediation plan, which was about half of the original

demand.

Key Issues: Sexual Harassment; Hostile Work Environment; Gender Discrimination Venue: USDC: Central District of California

Client Type: Defendant International Wallcovering Company

Description: Represented the defendant, an international wallcovering company, in an action alleging sexual

harassment, hostile work environment and gender discrimination.

(8)

Key Issues: Sexual Harassment; Hostile Work Environment Venue: Santa Clara County Superior Court

Client Type: Defendant National Hotel Chain

Description: Represented the defendant, a national hotel chain, in a sexual harassment and hostile work

environment action with alleged supervisor liability.

Result: The case was resolved in a successful settlement.

Key Issues: Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA Venue: San Mateo County Superior Court

Description: Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race,

age, sex and disability discrimination (FEHA) arising from the plaintiff’s termination.

Result: Successfully settled for our client.

Key Issues: Gender Discrimination; Wrongful Termination Venue: USDC: District of Arizona

Client Type: Defendant Hotel Management Company

Description: Represented the defendant, a hotel management company, in a gender discrimination and wrongful

termination case.

Result: The case settled with summary judgment pending.

Key Issues: FEHA; Labor Commission; Wrongful Termination; Race Discrimination; Unpaid Vacation Venue: San Mateo County Superior Court

(9)

Description: Represented a national hotel chain in a FEHA and Labor Commission and Department of Industrial

Relations claim for wrongful termination based on race discrimination and unpaid vacation pay and overtime wages.

Result: The matter settled, a favorable result for our client.

Attorneys: David M. McLaughlin Key Issues: Wrongful Termination Venue: USDC: District of Arizona Client Type: Defendant Resort Hotel

Description: Represented our client, a resort hotel, in a wrongful termination action in violation of public policy

alleged by a food and beverage director employee of the hotel.

Result: The matter was resolved and dismissed.

Key Issues: Wrongful Termination; Election Code Venue: Los Angeles County Superior Court Client Type: Defendant National Hotel Chain

Description: Represented a Los Angeles airport hotel, which was part of a national hotel chain, in an action

involving wrongful termination in violation of public policy alleged in the context of Election Code violations, and a Petition for Referendum to repeal a local ordinance pertaining to hotel transient occupancy taxes.

Result: After an eleven day deposition of the plaintiff, the case resolved for a nominal amount.

Key Issues: Wrongful Termination; Sexual Assault Venue: San Francisco County Superior Court Client Type: Defendant Car Dealership

Description: Represented a car dealership in a wrongful termination action alleging a violation of public policy.

The plaintiff claimed to be a whistleblower.

Result: The case ended in a successful settlement ten days before trial after a co-employee claimed that the

(10)

Attorneys: David M. McLaughlin Key Issues: Sexual Harassment

Venue: San Mateo County Superior Court Client Type: Defedant Hospitality Provider

Description: Represented a national hotel chain in an action brought by two cooks working in South San

Francisco alleging sexual harassment by an independent contractor.

Result: The case settled before trial to the satisfaction of our client.

Attorneys: David M. McLaughlin Key Issues: Assault; Battery

Venue: Santa Clara County Superior Court Client Type: Defendant National Hotel Chain

Description: Represented a national hotel chain wherein a defendant employee demonstrated a fighting move

on a co-employee, the plaintiff, and fractured his neck. The plaintiff asserted a claim for assault and battery and respondent superior liability against the employer alleging that it knew the defendant employee had a propensity for violence, and the employer ratified such behavior.

Result: The plaintiff claimed that the case fell outside the worker’s compensation exclusive remedy (serious and

willful allegations eventually were dismissed).

Attorneys: David M. McLaughlin Key Issues: Sexual Harassment

Venue: USDC: Northern District of California

Client Type: Defendant Pharmacology Vigilance Company

Description: Defended a Pharmacology vigilance company in a case in which the CFO had an intimate and sexual

relationship with a business development subordinate. She sued for sexual harassment.

Result: The case resolved the day before the plaintiff's deposition for a nominal amount.

Attorneys: Kenneth J. Anand

Key Issues: Restaurant; Wage and Hour; Overtime; Minimum Wage; FLSA; Wages Client Type: Restaurant

(11)

Description: Represented numerous restaurants in the metro area in the defense of class action and individual

litigation brought by current and former employees for unpaid wages, overtime, spread of hours and tips under federal and state labor laws.

Key Issues: IT; Technology; Computers; Business; Client Type: Information Technology Company

Description: Represented international IT company in connection with all contractual matters, including

establishing foreign entities, licensing, reselling, employment of executives, and engagement of independent contractors.

Key Issues: airline; discrimination; private; harassment; Title VII; age; race Venue: Eastern District of New York

Client Type: Private Airline Company

Description: Represented private airline company in connection with a race and age discrimination lawsuit

brought by former pilot.

Key Issues: Fashion; Fitness; Retail; Employment; Hiring Client Type: Fashion Apparel Company

Description: Represented global fashion and athletic apparel company in connection with the hiring of an

executive who worked for a competitor and needed to negotiate certain non-competition and non-solicitation restrictions with the prior employer.

Key Issues: Discrimination; Harassment; Title VII; EEOC; Civil Rights

Description: Represented national retail store chain in the defense of employment claims for harassment,

discrimination and alleged violations of other employment laws brought before both federal and state administrative agencies.

(12)

Attorneys: Susan H. Handelman

Key Issues: Appeal; Judgment Notwithstanding the Verdict; Employment Law; Punitive Damages Venue: San Mateo County Superior Court, California Court of Appeal

Client Type: Defendant Employer

Description: Represented the defendant after a jury awarded the plaintiff, the client’s employee, over $1 million

in damages. The plaintiff sued the defendant due to a breached I.O.U. for $75,000 owed in back commission. Post-trial motions to amend judgment, motions for new trial and motions for judgment notwithstanding the verdict were filed by our firm, eliciting rulings from the trial court that eliminated two-thirds of the damages awarded. Because of these motions, the plaintiff was forced to appeal.

Result: Due to the protective cross-appeal obtained for the client, the Court of Appeal affirmed the trial court’s

reductions in damages and struck additional damages from the previous judgment. The client was only forced to pay the plaintiff for the cost of the I.O.U., a proper and dramatically reduced outcome for the lawsuit.

Attorneys: Pascale Gagnon, Susan H. Handelman

Key Issues: Primary Right, Statute of Limitations, Legal Malpractice Venue: Santa Barbara County, Anacapa

Client Type: Attorney and Law Firm

Description: Plaintiff sued the attorneys having represented her in workers' compensation matters with her past

employee for legal malpractice, amongst others. She contended that they had not secured her the best

settlement possible and had agreed to terms with regard to the handling of the settlement funds (trust) that were not in her best interest and leading to her not having free access to the settlement funds -- which were not proper compensation.

Result: The action was dismissed at the pleading stage - following three demurrers based on the primary right

doctrine applied in relation to the statute of limitation defense. Plaintiff appealed the dismissal and the appeal affirmed the trial court's decision.