Dedicated to Representing Employers.
At Martin Law, we understand that employers in California face a challenging legal environment. Many are required to defend against employment claims despite putting significant time and resources into complying with local and state laws and ordinances. At Martin Law, we simplify employment litigation, allowing you to focus on growing your business and serving your clients.
Martin Law defends employers against claims of discrimination, harassment, and wrongful termination. The firm also handles wage and hour class actions, PAGA claims, and FCRA class actions. The firm has in-depth knowledge regarding the rapidly changing legal landscape and is ready to advise you on how to best navigate the legal terrain.
Martin Law aggressively litigates cases on behalf of its clients. The firm’s philosophy is to stand up for the company’s rights and dissuade former employees from proceeding with meritless litigation. The firm’s founder has a strong track record of preventing lawsuits from being filed by engaging opposing counsel at an early stage. Multiple claims have been resolved with no payout required by the client. This includes obtaining summary judgment in state and federal court, obtaining voluntary dismissals with prejudice, filing law and motion to decisively end the litigation, prevailing at trial, and confirming dismissal on appeal.
Martin Law Firm, PC is pleased to announce that Frank L. Tobin has joined the firm as a lateral partner. Tobin brings a wealth of labor and...
Martin Law recently prevailed in a highly contested arbitration lasting six days. The arbitrator returned a complete defense award for the firm’s...
Employment Defense Law FAQ
What does an employment defense attorney do?
Employment defense attorneys represent businesses in matters involving claims of discrimination, sexual harassment, retaliation, wrongful termination, and wage and hour violations.
When should I hire an employment defense attorney?
Some situations where you would want to work with an employment defense attorney include:
- You’ve Been Sued by an Employee
- You Need to File a Lawsuit against Employee for Breach of Contract
- An Employee Has Filed an Administrative Complaint
- You Need to Respond to Internal Employee Complaints
- You’re Establishing Employment Policies and Creating an Employee Handbook
- You Want to Terminate an Employee
- You Need to Lay Off Employees
- You Want to Change Your Employee Benefits or Policies
- You Want to Have Your Employees Enter into an Arbitration Agreement
Additionally, there are many other situations where you may find yourself in need of legal counsel with expertise in representing employers.
How do you select an employment defense attorney to work with?
When selecting an employment defense lawyer to hire as your legal counsel, some things that are important to look for include:
- Does the attorney specialize in employment defense law?
- Does the attorney have experience representing employers?
- How long has the attorney been practicing?
- Has the attorney prevailed at trial and arbitration?
- Has the attorney been able to have employment cases dismissed by filing dispositive motions?
Will my matter be handled by an experienced lawyer?
Yes. David Martin has been representing businesses and employers since being admitted to the bar in December of 2007. He has a vast amount of experience defending employers against litigation. Mr. Martin has successfully handled over three hundred cases. He has not lost at trial or arbitration. All of his cases have ended with the plaintiff walking away from their claims, the opposing attorney choosing to no longer represent their client, a dismissal where no money was paid to the other side, a settlement, a dismissal after a motion for summary judgment was filed, a trial that resulted in a defense verdict, or arbitration that resulted in a defense verdict.
Is it true that employers can no longer have any workers who are independent contractors?
While it has become a lot more difficult for workers in most industries to qualify as independent contractors, there can still be legal independent contractors depending on the unique situation. We highly recommend that you consult with an attorney before classifying someone as an independent contractor.
Can I avoid paying overtime by making my employees exempt?
Not all employees can be classified as exempt. Often the salary of exempt employees must be at least twice the applicable minimum wage for hourly employees. At Martin Law, our employment defense lawyers can help you determine whether any of your employees can be classified as exempt and advise you as to how to properly pay them.
I just opened a new business and I am ready to begin hiring employees. What do I do first?
When starting a new business, you should begin by finding out what licenses and permits are required for your type of business in your area. California has assistance for this at https://calgold.ca.gov. To register as an employer in California and obtain an employer payroll tax account number, you can go to the Employment Development Department’s e-Services for Business. To apply for a federal Employer Identification Number online, you can go to the following website: EIN Request – Online Application
As mandated by the Federal government and the state of California, there are certain postings which are required for your workplace to notify workers of their rights. In California, employers are also required to provide certain pamphlets and an anti-harassment policy. Some things that are always recommended include an employee handbook and other employment policies.
If you are starting a new business in California, you should discuss your unique situation with an employment defense attorney that specializes in representing businesses. Doing so will help ensure you set everything up correctly and will help avoid costly litigation down the road.