Employment Litigation

KBS attorneys have broad experience representing clients in complex employment litigation, including high-level executives, professionals and businesses. Our experience includes litigating wrongful termination, whistleblower retaliation, discrimination, and harassment claims under state and federal law. The firm regularly litigates disputes involving noncompete and nonsolicitation agreements, particularly in light of California’s evolving restrictions under Business and Professions Code §16600.

Our understanding of both plaintiff- and defense-side practice benefits our clients, no matter which side they are on.

Skilled Class Action Employment Law Representation

KBS has significant experience litigating class actions and representative PAGA claims involving employee misclassification and wage-and-hour violations. Our attorneys have litigated class actions involving:

• Unpaid overtime
• Off-the-clock work
• Sick leave violations
• Improper deductions

Highlights of KBS’s Employment Litigation Practice:

• Representing social workers in Fair Labor Standards Act case against County for unpaid overtime.
• Defending a union against a putative class action lawsuit alleging violation of California employment laws.
• Representing the seller of a business in defeating a noncompete enforcement claim in arbitration.
• Represented a class of health care workers in a certified wage-and-hour and PAGA action involving paid sick leave and nondiscretionary pay violations. Secured final court approval against a major California hospital system.
• Represented a former Army colonel in a successful Ninth Circuit appeal defeating a motion to dismiss under the Feres doctrine. The court held that her sexual assault claims against a retired four-star general and the United States could proceed, establishing that they were not barred as incident to military service.
• Represented a putative class of real estate agents against a nationwide real estate company for failure to properly classify its employees.

A Step-By-Step Guide To California Employment Litigation

Employment lawsuits start long before the first hearing in court. Typically, employees file administrative complaints before a lawsuit with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

After exhausting the administrative options, workers may file a lawsuit. Once the employer responds to the worker’s complaint, the discovery process begins. Each party can request specific evidence from the other and use disclosed evidence to develop its case. Negotiations during this stage are common. The vast majority of employment lawsuits settle before litigation.

If the parties do not settle, then the matter goes to trial, where each party has the right to present evidence and testimony. Once a ruling is made, there may be additional appeals from either side.

Cases that settle can take a year or longer to resolve, while more complex cases that go to trial may have a total timeline of two years or longer.

Damages And Remedies Available Through Employment Litigation

Frequently, workers pursuing employment lawsuits seek a financial award of damages. They ask for back pay if the issue involved wrongful termination, demotions or other adverse actions. Workers may also ask for front pay or lost future wages, as well as compensation for non-economic losses for the emotional distress they may have suffered. The courts may also order the employer to pay for the employee’s legal representation.

Some employees taking legal action against their employers request injunctive relief, where they ask the court to order their employer to cease its improper conduct or reinstate the employee to their former position.

Proactive Employment Law Compliance And Risk Prevention

Compliance with both state and federal employment statutes is an ongoing process. Companies are more likely to avoid litigation when they have clear policies and handbooks, comprehensive training programs and internal controls and audits. It is also critical to have good documentation of administrative actions and robust record-keeping procedures.

Legal guidance can help companies evaluate their policies and procedures to look for areas of exposure and take steps to mitigate the risks.

Get Experienced California Employment Law Guidance

Whether you are a worker asserting your rights under California wage laws or a company responding to discrimination claims, the legal process ahead can be daunting. Kesselman Brantly Stockinger LLP handles both plaintiff claims and business defenses, giving us valuable insight into complex employment law matters.

Those in need of help in the Manhattan Beach, California, area can schedule an initial consultation with our firm today by clicking here or calling 310-307-4555.