Employer Representation

We represent employers of all sizes in the full range of employment law disputes under federal and California law.  We provide counsel and advice, training, and policy updates in order to help our clients avoid legal disputes.

However, when a lawsuit or administrative complaint is filed, our team defends employers with sophisticated, zealous representation.

The matters we handle include:

Discrimination and Harassment

We strive to help our clients avoid the distraction and expense of litigation.  However, when a lawsuit or administrative complaint is filed, we defend employers across the spectrum of federal and state discrimination and harassment claims – including alleged discrimination and harassment based on sex, pregnancy, race, age, physical and mental disability, sexual orientation, gender identity, faith, marital status, national origin, military or veteran status, etc.

Wrongful Termination

While California is an “at-will” state that permits employers to terminate most employees without a good reason, the exceptions to that general rule are many and dangerous.  We guide employers safely through the employee termination process – we identify legal risks in potential terminations and help manage terminations to reduce risk.  In some cases, we also help employers obtain the employee’s release of any potential legal claims as a part of the termination.  In the event a claim of wrongful termination is filed, we stand ready to lend our clients vigorous, expert defense.

Wage and Hour Claims

The epidemic of wage and hour claims – lawsuits claiming unpaid overtime, meal and rest breaks not provided, defective paystubs, unpaid wages, unpaid minimum wage, etc. – continues to assault employers across the state, including the hospitality industry.  Federal court filings of wage and hour actions (class and collective) reportedly have increased more than 300 percent since 2000.  We defend employers against all forms of individual, representative, and multi-plaintiff wage and hour lawsuits.

Whistleblower and Retaliation Claims

California and federal law make employers liable for retaliation against employees in more circumstances than many employers know.  Employers may be held liable where an employee claims to have suffered retaliation because, for example, the employee asked for wages due, discussed her wages with other employees, took off time to meet with her child’s teacher, took time off due to domestic violence, due to her political activities, the employee took time off to perform emergency rescue duties, etc.  Our team, thoroughly familiar with the maze of potential retaliation liability, helps employers recognize risk and manage around it and, where the employer has been sued, we stand ready to defend.


Our firm defends employers in virtually all areas of federal and California employment law, including disability accommodation, overtime, meal and rest breaks, and hostile work environment matters.


Counseling and Defending Executives

Unlike many employment law firms, Thomas Employment Law Advocates offers particular sophistication in a unique niche — defending executives and members of management engaged in serious disputes with the companies that employ them or formerly employed them.

We have particular expertise defending individuals who have been fired and sued by their employers on grounds including:

Misappropriation

This allegation is made when an employer believes that an executive or member of management has taken corporate money or property for personal purposes.

Self-dealing

This allegation is made where an employer believes that an executive or member of management has exploited his position with the employer in a way that lined the individual’s pockets, but damaged the employer.

Fraud

Fraud includes a range of serious claims against executives and members of management and, in some cases, exposes them to the risk of life-altering punitive damage awards.

Trade Secret Misappropriation

This claim is made where an individual leaves one employer, joins a second employer, and is then accused by the first employer of having taken software, code, customer data, formulas, designs, or other property the first employer claims it owns.


Our team successfully defends individuals pursued by their former employers for alleged wrongdoing that has caused the former employer millions of dollars in loss or damage.

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