Biography

Michael Rossiter is an experienced labor and employment attorney who represents employers in litigation and provides day-to-day advice and counsel on a wide range of workplace issues. His practice includes defending employers against claims involving discrimination, harassment, retaliation, wrongful termination, failure to accommodate, wage and hour violations, and other employment-related disputes. He also regularly advises employers regarding employee discipline and termination, leaves of absence and reasonable accommodations, wage and hour compliance, workplace investigations, employment policies, employment agreements, and other human resources issues.

Mr. Rossiter is an experienced trial and arbitration attorney who has served as lead counsel in several cases throughout his career. He has obtained complete defense verdicts and favorable arbitration awards, successfully moved for summary judgment in numerous employment matters, and handled appellate proceedings before the California Court of Appeal and the United States Court of Appeals for the Ninth Circuit. His trial experience includes cases involving discrimination, harassment, retaliation, civil rights, and other employment-related claims.

Most recently, Mr. Rossiter obtained a complete defense award on behalf of a large fast-food chain in an arbitration involving claims of pregnancy discrimination and failure to accommodate. The arbitrator rejected the claimant’s claims and awarded no damages and no attorneys’ fees. In another recent arbitration involving whistleblower retaliation claims against a large company, the claimant was awarded only $500 and limited fees.

Although Mr. Rossiter is fully prepared to take a case through trial or arbitration when necessary, he believes some of the best results for clients are achieved long before reaching the courtroom. He takes particular pride in resolving disputes early, before clients incur unnecessary litigation expenses. His approach focuses on understanding the client’s business objectives, candidly evaluating risk, and developing practical strategies designed to achieve the best economic result. When a matter cannot be resolved on reasonable terms, however, Mr. Rossiter has the trial and arbitration experience necessary to take the case through hearing and verdict.

Mr. Rossiter also works closely with employers to prevent disputes from becoming lawsuits in the first place. He has extensive experience counseling employers regarding difficult personnel decisions and helping businesses navigate California’s complex employment laws. His goal is to provide practical, understandable advice that allows employers to manage their workforce effectively while minimizing the risk and expense of litigation.

In addition to his legal practice, Mr. Rossiter served for eight years as an Adjunct Professor at Chapman University School of Law, where he taught the Civil Procedure Lab. He is a graduate of both the ABOTA Trial Advocacy Program and the Orange County Bar Association Trial Advocacy Program. While attending Chapman, he served as Symposium Editor of the Chapman Law Review and was voted “Most Inspirational” by the Class of 2008. In 2018, Mr. Rossiter was selected as a Southern California Rising Star by Super Lawyers.

Representative Cases

Pregnancy Discrimination and Failure to Accommodate Arbitration — Lead arbitration counsel for a large fast-food chain against a former employee alleging pregnancy discrimination and failure to accommodate. Obtained a complete defense award, with the claimant recovering no damages and no attorneys’ fees.

Whistleblower Retaliation Arbitration — Lead arbitration counsel for a large company in a whistleblower retaliation action. Following a contested arbitration hearing, the claimant was awarded only $500 and limited fees.

Sexual Harassment and Disability Discrimination Trial — Lead trial counsel for a large government agency against an employee alleging sexual harassment and disability discrimination under California’s Fair Employment and Housing Act. Obtained a favorable jury verdict awarding the plaintiff only nominal damages despite the plaintiff seeking a high six-figure recovery.

Civil Rights Trial — Lead trial counsel for an employer against a plaintiff asserting civil rights and intentional infliction of emotional distress claims. Obtained a favorable jury verdict awarding the plaintiff only a fraction of his lowest settlement demand and zero attorneys’ fees.

Race Discrimination and Sexual Harassment Trial —Trial counsel for an employer against an employee alleging race discrimination and sexual harassment under California’s Fair Employment and Housing Act. Obtained a complete defense verdict in favor of the employer.

Military-Service Discrimination Trial — Served as second-chair trial counsel for a large law enforcement agency against an employee alleging discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act. Obtained a favorable jury verdict awarding only a fraction of the plaintiff’s claimed damages and saving the employer more than $2 million.

Race Discrimination, Retaliation and Harassment Trial — Served as second-chair trial counsel for an employer against an employee alleging race discrimination, retaliation, and harassment. Obtained a defense verdict in favor of the employer.

Disability Discrimination — Prepared and argued a successful motion for summary judgment resulting in dismissal of the plaintiff’s disability discrimination claims under both the Americans with Disabilities Act and California’s Fair Employment and Housing Act.

Age Discrimination — Prepared and argued a successful motion for summary judgment resulting in dismissal of the plaintiff’s age discrimination claims under California’s Fair Employment and Housing Act.

Harassment, Retaliation and Discrimination — Prepared and argued a successful motion for summary judgment resulting in dismissal of claims for sexual harassment, retaliation, gender discrimination, age discrimination, and alleged violations of the California Labor Code.

Multiple-Plaintiff FEHA Action — Prepared and argued a successful motion for summary judgment resulting in dismissal of harassment and discrimination claims brought by multiple plaintiffs under California’s Fair Employment and Housing Act.

Appellate Decisions

Sharp v. County of Orange, 871 F.3d 901 (9th Cir. 2017) — Prepared the appellate briefs and argued the appeal on behalf of the defendants in this published Ninth Circuit civil rights decision. Obtained reversal of the district court’s denial of qualified immunity on multiple constitutional claims brought under 42 U.S.C. § 1983.

Stark v. County of Orange — Prepared the appellate briefs and argued the appeal before the California Court of Appeal on behalf of the defendant, obtaining a favorable ruling on the plaintiff’s principal civil rights claim and thereby eliminating the plaintiff’s ability to recover statutory attorneys’ fees.

Employment Class Action Appeal — Prepared the appellate brief on behalf of an employer resulting in reversal of an unfavorable trial court ruling, effectively eliminating the plaintiff’s class action claims.

Education

Chapman University School of Law

• Juris Doctor, 2008
• Symposium Editor, Chapman Law Review
• Voted “Most Inspirational” by the Class of 2008

Brigham Young University

• Bachelor of Arts, 2003 (cum laude)

Admissions

State Bar Admissions

• California
• Utah

Professional Recognition & Activities

• Southern California Rising Star, Super Lawyers, 2018
• Adjunct Professor, Chapman University School of Law — Civil Procedure Lab (eight years)
• Graduate, ABOTA Trial Advocacy Program
• Graduate, Orange County Bar Association Trial Advocacy Program
• Former mock trial coach and volunteer mock trial judge