Employment Law Litigation

When Basham Parker LLP’s clients are sued by current or former employees, we take it personally and partner with our clients to achieve the most efficient results. We utilize state-of-the-art technology for document management and overall case control. In addition, our extensive reservoir of readily accessible research maximizes our ability to handle cases effectively. Our attorneys stress excellence and strive to:

• Counsel, investigate and litigate employment claims
• Defend complex litigation in which the EEOC or OFCCP (or both) is concurrently investigating matters that are the subject of ongoing court litigation
• Defend companies in statutory claims and related litigation regarding enforcement of arbitration agreements and confirmation of arbitration awards
• Prepare affirmative action plans and represent clients in DOL, DLSE, OFCCP compliance reviews, corporate management (EEO) reviews, and corporation-focused reviews
• Defend against EEOC and DFEH charges
  

Employment Law Counseling

Basham Parker LLP attorneys are recognized as extraordinary counselors in the intricacies of the federal and state employment statutes and common law, including discrimination statutes – Title VII of the Civil Rights Act, the California Fair Employment & Housing Act, the Americans with Disabilities Act, the California Labor Code, the Age Discrimination in Employment Act, the Equal Pay Act and other state analogues – and with the agencies and courts that administer those laws. Our lawyers have in-depth knowledge and experience in Employment Law matters and efficiently advise clients on the short and long term effects of the Client’s decisions.

• Our lawyers partner with you to address the "day-to-day" human resource issues that all businesses face. Stressing creative business solutions, we strive to:
• Develop corporate policies and advise on the Family and Medical Leave Act, California Family Rights Act, the ADA and workers' compensation statutes
• Conduct company-wide and management training on a variety of topics, including workplace harassment, discrimination, retaliation, and EEO compliance
• Design and implement mass layoffs and corporate restructurings, including potential adverse impact analyses of reductions in force
• Devise exit incentive programs under the OWBPA in advance of corporate restructurings
• Counsel on the design and implementation of alternative dispute resolution (ADR) mechanisms
• Counsel on the labor and employment law issues associated with mergers, acquisitions, and daily operations

Discrimination and Harassment

We defend employers accused of discrimination or harassment. Our attorneys have handled discrimination claims involving all facets of the employment relationship, including:

• Hiring and firing
• Compensation, assignment or classification of employees
• Transfer, promotion, layoff or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans and disability leave

Our attorneys have extensive experience representing employers accused of harassment or discrimination based on race, religion, national origin, sex, disability or age. We also have extensive experience in dealing with claims of retaliation by employees who have reported discrimination or otherwise opposing discriminatory practices. Our Employment Discrimination and Harassment Practice Areas include:

• Sexual Harassment
• Race Discrimination
• Age Discrimination
• Gender Discrimination
• Disability Discrimination
• Wage and Hour Violations (such as improper "exempt" classification)
• Wrongful Termination
  

Wrongful Termination and Employment Tort Litigation

A great deal of Basham Parker LLP’s practice involves the defense of employment-related contract and tort claims, often referred to as "wrongful discharge" cases. Our attorneys work with clients to anticipate and avoid these claims from the moment an employee is hired. We also evaluate when it may be appropriate to negotiate binding severance agreements and releases to preclude future litigation.

• Basham Parker’s attorneys are experienced in defending against claims for:
• Breach of an alleged duty of "good faith and fair dealing"
• Discharge in violation of public policy (e.g., for filing a worker's compensation claim or refusing to engage in illegal activity)
• Defamation
• Breach of employment contracts
• Invasion of privacy
• Intentional infliction of emotional distress
• Workplace Assault & Battery
• Other torts related to the employment relationship or its termination

We defend employers in every industry who are accused of wrongfully terminating an employee. Wrongful Termination claims come in many forms and can result from many different employment situations, including:

• Hiring and firing
• Compensation, assignment or classification of employees
• Transfer, promotion, layoff or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans and disability leave
  

Workplace Law Training

Basham Parker LLP has an extraordinary reputation of helping clients reduce & avoid employment litigation through workplace training on legal trends, judicial developments, and statutory and regulatory compliance. Our entertaining live training programs provide employers with an inviting atmosphere for discussion and retention. We have developed unique training programs for virtually every facet of employment law, including avoiding sexual harassment and EEO problems, maintaining union-free status, and complying with Wage and Hour Laws. We regularly speak at educational conferences throughout California for employers, human resource professionals, and business associations.

As part of our Employer education efforts, we track and analyze judicial, legislative and political developments impacting California’s employers.

Disability Law Compliance

The Americans with Disabilities Act, the Department of Fair Employment and Housing Act, the Family and Medical Leave Act, and the California Family Rights Act have significantly changed the obligations of employers when dealing with employees who cannot work due to injuries, illnesses, disabilities, or medical conditions. Our attorneys have extensive experience defending employers against lawsuits dealing with an employee’s disability.

Basham Parker LLPworks with clients to create practical and effective solutions to difficult legal and operational problems in managing employee absences and requests for accommodations.

We work closely with clients to:

• Develop workplace safety programs
• Draft policies concerning leaves of absence and reasonable accommodation and related issues
• Train employers on the interplay between federal and state laws

Basham Parker LLP also provides forward-thinking guidance on communicating with employees and their health care providers during leaves of absences while preserving the employer’s rights.

Unfair Competition and Trade Secrets

Today’s businesses have much more to worry about than having their business broken into by a burglar. Today, the “burglar” may be an employee, seeking to steal your most valuable assets: your ideas. The protection of human and intellectual property and investments have become a major priority. At Basham Parker LLP, safeguarding your business’ ideas and people is the priority of our Unfair Competition and Trade Secret Practice Group.

Our experience in working with employers in creating the proper Trade Secrets and Confidentiality policies as well as aggressively litigating the issues when an employer’s ideas have been stolen puts us in the unique position to counsel and represent employers in disputes involving unfair competition, trade secrets and confidentiality agreements. We understand not only the employment implications of these issues, but the long term business ramifications as well. Our Unfair Competition and Trade Secrets Group regularly represents businesses from all industries in UCL and Trade Secrets matters.

• We respond quickly and decisively in matters involving potential theft of trade secrets, disclosure of confidential information, and customer and employee raiding
• We investigate and evaluate their options, get into court immediately, when they need to do so, and address the problem head on
• We draft confidentiality and trade secrets agreements tailored to the individual needs of our clients and
• We also counsel companies about how to hire employees from competitors without finding themselves the target of a UCL or Trade Secrets lawsuit

Class Actions

Employment class actions can threaten the economic stability, longevity, reputation, and good will of your company. At Basham Parker LLP, we protect and defend employers from employment class actions.

Our Class Action Practice Group litigates complex discrimination class actions, UCL collective actions, and state labor code class actions. Employers routinely ask Basham Parker LLP to assist in limiting their class action risk and identify and remedy problematic workplace policies and procedures before they become problems.

Basham Parker LLP’s Class Action Practice Group takes an aggressive approach to every matter while striving for an early assessment of any potential exposure. As part of their practice, Basham Parker LLP’s Class Action attorneys:

• Assist in audits of employer's wage payment practices by U.S. Department of Labor and California Department of Industrial Relations
• Represent employers in state and federal court litigation of wage claims by individual employees, the D.O.L. and the California Department of Industrial Relations
• Advise employers on their obligations to employees with respect to overtime, meal & rest periods, wage and hour, tip pooling and related issues
• Review proposed personnel actions including discipline, promotions, terminations, and layoffs for potential discrimination claims and
• Review personnel practices and draft employment applications and policies prohibiting discrimination and harassment.