Employment Litigation

Our attorneys advise and represent employees, independent contractors, and employers labor law matters.

For employers

Litigation

We apply efficient, results-oriented strategies to end the lawsuit as quickly as possible. We know that the businesses and business owners we represent want to preserve their financial resources and maintain positive public relations. We keep that in mind every step of the way.

  • Quick, results-driven strategies to end lawsuits efficiently.
  • Preserve financial resources for businesses and owners we represent.
  • Protect our clients’ public image throughout legal proceedings.

For employers

Risk Assessment and Mitigation

After a lawsuit ends, we help our clients try to avoid future litigation. We provide day-to-day legal advice designed to reduce lawsuit risk. We assess our clients’ HR practices and prepare a series of recommended changes, fully explaining the potential consequences of each deficiency we spotted. Afterwards, our clients can stay in house for everything; we prepare and edit employee handbooks, help improve our clients’ employee review and hiring policies, and prepare contracts ranging from employment contracts, non-disclosure agreements, and non-compete agreements to severance agreements.

Appeals

In Meyers v. Board of Administration for the Federated City Employees Retirement Fund (2014) 224 Cal.App.4th 250, we won a published reversal for the plaintiff, a public employee who was injured on the job and subsequently denied disability retirement benefits, first by the City of San Jose, and then by the trial court in his administrative mandate petition. The Court of Appeal reversed, finding that the trial court’s determination was not supported by substantial evidence. Read the opinions here.

In Gonzales v. Police Department, City of San Jose, California (9th Cir. 1990) 901 F.2d 758, our attorneys, representing the employee, won a published reversal of the district court’s denial of an employee’s discrimination claims. The employee, a Hispanic person, claimed he was skipped over for promotion because of his race. He pointed to the fact that every time he was denied promotion, his employer failed to follow its affirmative action program designed to encourage the promotion of minorities. The Ninth Circuit Court of Appeals held that the City of San Jose’s failure to follow its own affirmative action program constituted significant evidence in a Title VII suit against it. The Court also called into doubt the relevance of the City’s post-lawsuit promotion of other minority employees, finding that “curative measures simply do not tend to prove that a prior violation did not occur.” Read the opinions here.

In Tamayo v. CordeValle Golf Club, LLC (2013, Sixth District Court of Appeal, Case No. H037983), our attorneys, representing the employee, won affirmance of the trial court’s order denying the employer’s motion to compel arbitration of the employee’s retaliation claims. The Court of Appeal adopted our trial court arguments that the arbitration provision embedded in the employer’s handbook failed to constitute an enforceable contract where the handbook’s cover page stated that it is not “intended to confer any rights or privileges,” nor “does it constitute a contract of employment,” and that the handbook is “presented as a matter of information only.” Read the opinions here.

In Williams v. Sun Microsystems, Inc. (2007, Sixth District Court of Appeal, Case No. H029828), our attorneys won a reversal of the trial court’s grant of summary adjudication of the employee’s claim of sexual orientation discrimination. In reversing, the Court of Appeal applied the rule that a senior manager’s discriminatory animus may be imputed to her subordinate decision-makers, thus allowing a jury to find that the adverse employment action was motivated by such illegal animus. Read the opinions here.

For employees

Employee Representation

Our San Jose-based employment attorneys at Gates Eisenhart Dawson are dedicated to providing legal representation to employees facing complex employment law issues. With decades of experience, we have a proven track record of success in helping employees obtain favorable outcomes in cases involving wrongful termination, retaliation, and wage and hour disputes.

For employees

Trial & Appellate Courts

Our team’s extensive knowledge of employment law allows us to effectively represent clients in both trial and appellate courts, as well as before administrative bodies such as the state Labor Commissioner’s Office. We understand the challenges that employees face when navigating the legal system, and we work tirelessly to protect their rights and help them obtain the compensation they deserve.

Successes

Assisting employees and employers who need legal representation.

Obtained one of the largest settlements of its kind for a female high-tech executive in a glass-ceiling discrimination case.

Represented many employers in wage and hour, EDD benefits, and wrongful terminations claims. Our attorneys successfully appealed grant of unemployment benefits in a case where an employee was fired for misconduct.

Represented a retired fireman against the local municipality in a lawsuit related to a broad denial of his retirement benefits, including sick pay cash out, medical premium reimbursements, CalPERS benefits, and more. In the end, the municipality settled, providing the fireman all of the above and more, including significant tort damages.

Assumed representation of a disability discrimination plaintiff’s case against a well-known employer. Previous counsel withdrew from the case when the client thought a $15k settlement was too low. After vigorous litigation, including fighting back the employer’s summary judgment motion and more, we obtained a $400k settlement for our client.

Represented a C-level executive working for a foreign privately-held corporation in a reverse discrimination and retaliation wrongful termination lawsuit. The matter was decided in binding arbitration in favor of the plaintiff, awarding client significant damages and an entitlement to prevailing party attorneys’ fees.

Represented an employee in a wrongful termination lawsuit based upon breach of an implied employment contract. The employee turned away a $20k severance offer in favor of filing suit and won a settlement almost ten times that amount.

Represented a C-level executive working for a foreign privately-held corporation in a reverse discrimination and retaliation wrongful termination lawsuit. The matter was decided in binding arbitration in favor of the plaintiff, awarding client significant damages and an entitlement to prevailing party attorneys’ fees.

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Here for you when you need us most.