Practice Areas

Employment

Most employers consider litigation to be a last resort. While resolving employment issues without litigation is a top priority, at times lawsuits are an unavoidable reality. When litigation is inevitable, clients want the most experienced, efficient attorneys to handle their case. Porter Scott's employment attorneys have handled thousands of cases, from the investigation or pre-litigation claim phase up through appeal. Our wide-ranging experience in defending employment-related lawsuits sets our firm apart from other employment law firms and practitioners. Our team has the expertise to limit the client's exposure and costs. We implement strategies that take into account the overall employment picture and achieve outcomes that meet the client's goals.

Porter Scott defends employers of all sizes in a wide variety of industries. When facing employment litigation, employers need fast, effective, and focused legal assistance. Porter Scott evaluates each case individually and works closely with clients to decide what specific legal strategies or settlement offers are consistent with the client's underlying business objectives. Some cases are suitable for early resolution. In those cases settlement is pursued at the earliest possible stage. When a case calls for a vigorous defense, our attorneys take an aggressive and thorough approach.

Motions for summary judgment or adjudication can often limit exposure. Our attorneys have the expertise to assess when it is beneficial to consider such a motion and when it is not cost-effective. Porter Scott's team of employment attorneys know how to put together the most basic to the most complex motion for summary judgment because we have done it hundreds of times before.

Most clients ask the same fundamental question at the outset of a case - "what are my chances of a positive outcome if we take the case to trial?" While no attorney can guarantee a trial result, we use our previous trial experience to provide a confident assessment of risk. Few firms have tried to verdict as many employment lawsuits as Porter Scott's employment lawyers. We have tried cases before judges and juries, in small counties and large cities, and in state and federal court. We have represented clients in binding arbitrations, administrative hearings, and at mediations. Our advice to clients is based on actual experience, not on theoretical application of law to fact.

We have represented clients on a wide array of employment issues, including:

  • ADA claims
  • Administrative actions
  • Civil rights claims (42 U.S.C. section 1981, 1983)
  • Contract disputes, including breach of contract
  • Constructive termination
  • Discrimination based on age, disability, medical condition, sexual orientation, gender, race, religion, national origin
  • Defamation, false light, invasion of privacy
  • Employee discipline, evaluation and discharge
  • Title VII and Fair Employment and Housing Act claims
  • Federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) claims
  • Harassment claims
  • Labor Code violations
  • Non-compete enforcement
  • Title IX claims
  • Unfair Competition and Trade Secrets
  • Wage and Hour Claims
  • Whistleblower Retaliation Claims
  • Wrongful Termination

Counseling

In addition to our litigation expertise, Porter Scott offers a full spectrum of employment law services to both public and private employers throughout California. We work with clients to prevent claims and avert risk. This strategy involves implementing employment policies tailored to the client's workplace, training supervisors and managers at all levels, and providing day-to-day advice on how best to manage risk and minimize exposure.

With abundant and ever-changing state and federal laws that affect the workplace, employers need well-informed and innovative representation. Porter Scott counsels and advises clients on various employment matters, including:

  • ADA compliance
  • Advice and counsel
  • Arbitration agreements
  • Employee handbooks, manuals and other personnel policies
  • Employment contracts, particularly for executives and managers
  • Federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
  • Hiring and firing of employees and managing high-risk terminations
  • Investigations of discrimination and harassment claims
  • Non-competition agreements
  • Preventative counseling and training of supervisors, managers and employees - including sexual harassment training
  • Reductions in Force, Layoffs
  • Severance and release agreements