Employment Defense

At McManis Faulkner, our attorneys have a wealth of experience representing large and small employers across a broad spectrum of industries throughout California. We handle litigation in a variety of state and federal employment law settings, including appeals. We also regularly advocate on behalf of clients before state and federal administrative agencies and in alternative dispute resolution proceedings, such as mediation and arbitration. Our expertise extends to litigation avoidance and day-to-day employment law and compliance issues. We also advise management clients on traditional labor law matters, such as labor relations and collective bargaining.

Over the years, our employment defense attorneys have become experts in their field, knowledgeable not only about the current state of the law, but also about updates and changes in the statutory and case law governing this area. Among the range of labor issues we typically handle are:

  • Wage and hour law
  • Employment discrimination and harassment
  • Employee leaves
  • Traditional labor law

Case Studies

Employment Defense Case Studies

Overtime Suit

Result:
Favorable settlement for client.

Client:
Silicon Valley Company

Overview:

The employer let an underperforming employee go, who then sued for overtime claiming that he was improperly categorized as an exempt employee. His claim was for more than $250,000. McManis Faulkner was able to settle the case before answering the complaint for pennies on the dollar.




Tip Pools

Result:
Judgment in favor of the defendant.

Client:
Sutter’s Place, Inc. dba Bay 101 Casino

Overview:

Judge Kleinberg recently ruled after two weeks of trial that our client was within its legal rights to require dealers to share tips with employees who serve the casino’s patrons.   Discharging the jury and finding in favor of Sutter’s Place, Inc. which operates as Bay 101 Casino, the judge ruled in Haim Avidor v. Sutter’s Place Inc. (No. 1-07-CV-080689) that the dealers did not prove they had any interest in the money contributed to the tip pool and found that the amount they were required to contribute was fair.




Age Discrimination

Result:
Summary judgment and dismissal of two age discrimination claims brought by demoted employees.

Client:
Silicon Valley Company

Overview:

Employer reorganized its management team due to business losses. Two of the employees sued, claiming they were demoted because of age. On summary judgment, the employer asserted the business reorganization was a legitimate business reason for the demotions and there was no evidence of age discrimination. The court found in favor of employer and dismissed the lawsuits, awarding costs to the employer. One employee appealed, and the grant of summary judgment was upheld on appeal.




Commission Claim

Result:
Minimized employer obligation on commission claims and secured confidential documents via counterclaim.

Client:
Silicon Valley Company

Overview:

The employee claimed he was owed commissions for software sales at the maximum level under his contract and that he was owed the commission on his last day of employment rather than upon payment by the customer. Employer asserted that the employee was owed commissions at a lower level and that employee had been paid the appropriate amount as soon as the customer paid, which was permitted under the contract. The arbitrator found that the employer paid the proper commission. The employer counterclaimed for breach of contract because the employee kept confidential documents when he left the company to prove his commission claim. The arbitrator ordered the employee to return or destroy the documents.




Disability Discrimination and Abuse

Result:
Favorable settlement for client.

Client:
Silicon Valley Company

Overview:

A disgruntled former employee sued the employer after quitting his job, making claims of disability discrimination and assault and battery—alleging egregious conduct by the employer’s general manager. McManis Faulkner demurred and then settled the case for much less than the cost of defense.