Employment Defense Law
Our Areas Of Expertise
Wrongful Termination Defense
Whenever you make the business decision to let go of an employee, you should be aware that some employees may seek out an attorney or threaten to file a claim for wrongful termination. One of the best things you can do is engage the services of a wrongful termination defense attorney on the front end.
Many companies in California face claims of discrimination based on gender, disability, race, or national origin. In many instances, the company has established compliant policies and has undertaken significant efforts to treat all employees in a fair and impartial manner. Having an experienced employment defense attorney can help you effectively respond to these claims.
Sexual Harassment Defense
Complaints of sexual harassment can disrupt a company’s operations, give rise to financial liability, and result in the departure of valued employees. Having experienced counsel can help an employer take steps to reduce the potential for sexual harassment and respond effectively if they receive a complaint of harassment.
Wage and Hour Defense
California has strict wage and hour laws that can be difficult to navigate. Martin Law can help your company with claims for non-compliant meal and rest breaks, improper calculation of regular and/or overtime pay rates, off-the-clock work, misclassification of employees, and independent contractor misclassification.
Whenever you make the business decision to let go of an employee, you should be aware that some employees may seek out an attorney or threaten to file a claim for retaliation. One of the best things you can do is engage the services of an employment defense attorney on the front end.
PAGA claims are currently on the rise. They cannot be compelled to arbitration, which poses a challenge for businesses. Martin Law has significant experience with PAGA claims filed in conjunction with class actions and as stand-alone claims. With these claims, it is critical to involve experienced counsel as soon as you receive a PAGA notice letter.
Investigations Into Misconduct
Allegations of misconduct may arise in the workplac. Knowing how to respond to such allegations in an appropriate manner while complying with legal and ethical standards is vital to protect the interests of both the company and the employees. Work with Martin Law to determine the best options for you.
Having a comprehensive employee handbook protects both you and your employees by making policies and expectations clear while providing guidance for both management and employees on how to respond to any issues that may arise during the course of employment.
A valid arbitration agreement between employer and employee will require that most disputes arising between the employer and the employee will be settled out of court through arbitration. Arbitration can reduce costs and improve efficiency, as it usually takes far less time than traditional court proceedings, and is a limited ability to appeal the decision.
CA Government Code § 12950.1 requires employers of 5 or more employees to provide 1 hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and 2 hours of sexual harassment and abusive conduct prevention training to supervisors and managers once every two years.