Employment

Overview


With a solid understanding of how businesses should operate, Wendel Rosen's employment group attorneys bring a responsive and problem-solving approach to the businesses that turn to them for guidance. Lawyers in the group help clients with policy planning, contract drafting and negotiating, and management training aspects of employee relations, as well as litigation matters.

Any company that has even a single employee is exposed to employment issues. Clients of the practice have included homebuilders, employment staffing companies, product manufacturers, and dealership franchises, to name a few. While we have done work with companies large and small, many mid-sized businesses appreciate the value offered by our practical approach to these types of issues.

Here's a sample of matters typically undertaken by the group:

  • Wrongful termination
  • Discrimination and harassment claims
  • Wage and hour matters
  • Employment contracts and nondisclosure agreements
  • Severance and separation agreements
  • Reduction in force
  • Employee benefit plans
  • Leaves (military, family, etc.) provisions and compliance
  • Employee discipline matters
  • Collective bargaining and National Labor Relations Board
  • Occupational Safety & Health Administration
  • Americans with Disabilities Act provisions and compliance
  • Unfair business practices and competition matters
  • ERISA and COBRA compliance and fiduciary obligations


The firm's employment lawyers frequently assist client companies by training management on employment issues, assisting with the development of personnel policies and handbooks, and providing diversity training.

In addition to successful courtroom advocacy at the trial and appellate levels, the firm is also experienced appearing before administrative and regulatory bodies on behalf of employers, including the California Labor Commissioner, California Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission.

Anti-Sexual Harassment Compliance Courses

As of January 1, 2006, Anti-Sexual Harassment Training is required by law for supervisors at companies with 50 or more employees.  This training must be renewed every two years. Consider hiring Maggie Grover or David Goldman to present the new guidelines to your company. Their presentations can easily be brought to your offices. The training includes a PowerPoint presentation and written handouts to meet the requirements of the law.

Experience
  • Obtained favorable settlement of class action lawsuit involving alleged violations of Unruh Act.

  • Member of trial team that obtained defense verdict for client in employment dispute involving claims of discrimination and retaliation.

  • Successfully represented organics company against lawsuit by dissident shareholder and director of breaches of fiduciary duties, failure to allow inspection of corporate records, misappropriation of corporate opportunities, involuntary dissolution and wrongful termination of employment claims

  • Successfully represented physician and surgery center against claims by former nurse for alleged wrongful termination, breaches of public policy rights, unpaid wages, penalties and interest.

  • Successfully represented a medical staffing company and a surgeon in a lawsuit brought by the surgery scheduler after she was terminated from employment while she was on a disability leave of absence as a result of a reduction of workforce business decision.

  • Cost recovery and enforcement litigation respecting industrial plants, agricultural chemical distributors and formulators, bulk storage facilities, and transmission pipeline releases under CERCLA, RCRA and HSAA, including cost recovery against the United States government for wartime chemical plants

  • Toxic tort and stigma damage litigation based on exposures to contaminated sites

  • Torres v. Oakland Scavenger Company, 487 U.S. 312, 108 S. Ct. 2405, 101 L.Ed.2d (1988) – Case specified that named plaintiffs in class action appeals must meet the same procedural standards as individual plaintiffs.

  • Music v. Western Conference of Teamsters Pension Trust Fund, 712 F.2d 413 (9th Cir. 1983) – Determined the standard for fiduciary liability in cases involving retroactive pension plan modifications under ERISA and the LMRA, leading to the recovery of benefits exceeding $10 million for a class of retired, disabled Teamsters.

  • Harmon v. City of Oakland, Alameda County Superior Court, employment dispute.

  • Successfully defended a municipal corporation against claims of harassment and retaliation alleged by an employee. Obtained a unanimous jury verdict absolving the client of liability and successfully opposed the plaintiff’s appeal of the trial court’s ruling on summary judgment of certain claims that were resolved in the client’s favor before trial.

  • Prevailed in a jury trial on claims of financial elder abuse and trespass, resulting in a verdict of nearly $250,000 for the client. Also obtained an order awarding attorneys’ fees and successfully defended the opposing party’s appeal of the jury’s verdict.

  • Obtained summary judgment for client in a contractual dispute concerning the transfer of an interest in a partnership that owns real property in the East Bay, allowing the client to unwind the failed transaction and clear title to the property.

  • Prevailed on a motion for summary judgment against a member’s claim that a limited liability company had mishandled funds, overpaid the managing member and failed to make appropriate distributions. After the motion was granted, judgment on all claims was entered on behalf of the client.

  • Obtained a non-dischargeable judgment in United States Bankruptcy Court against a partner that had embezzled partnership funds prior to filing for bankruptcy.

  • Successfully defended a dry cleaner against a claim that the dry cleaning facility failed to meet the access requirements of the Americans with Disabilities Act. Obtained summary judgment and disposed of the case shortly after it was filed and at minimum cost and expense to the client.

Attorneys
  • Goldman, David
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  • Graham, Matthew F.
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  • Grover, Margaret J.
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  • McKae, Stephen
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  • Noma, Christine K.
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  • Pak, Eugene M.
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Events & Seminars
Resources