Employment Disputes Attorneys in Pleasanton, CA
Experienced California lawyers resolve employer-employee conflicts
In any business with a workforce, disputes between management and employees are likely to arise. It is important to deal with them in ways that are least expensive and least disruptive to the company’s operations and reputation. At Garcia & Gurney, A Law Corporation in Pleasanton, our employment law attorneys provide guidance and representation for companies in preventing and resolving employment disputes. We help leadership stay in compliance with pertinent laws and avoid escalations that lead to litigation. We also work to achieve timely and satisfactory resolutions.
Common types of employment disputes in California
Even the best run companies must deal with tensions between management and workers that occasionally raise a threat of litigation. The most common California employment disputes center on allegations of the following:
- Discrimination — Title VII and state law provide protections for workers by prohibiting employers from basing actions on a worker’s age, race, sex, sexual orientation, gender identity, ethnicity, religion, pregnancy or country of origin. The Americans with Disabilities Act requires employers to make reasonable accommodations for qualified workers who have limitations.
- Sexual harassment — Laws prohibit quid pro quo sexual harassment, by which a supervisor bases work conditions on a subordinate’s response to sexual overtures, and hostile work environment sexual harassment, whereby pervasive sexual talk or conduct becomes unreasonably oppressive.
- Wage and hour violations — Under the federal Fair Labor Standards Act, employers cannot deny employees proper compensation and overtime pay, nor can they falsely designate workers as independent contractors.
- Breach of employment contracts — Although most California jobs are at-will, executives and individuals with special talents often are hired under contracts. Disputes can arise when either side believes the other has not delivered on their contractual obligations.
- Retaliation for whistleblowing — Laws protect whistleblowers who report an employer’s unlawful conduct. Firing such a worker or making their jobs so unbearable that they quit can violate those laws.
- Wrongful termination — Workers cannot be fired for exercising rights protected by law or by the state or federal constitution. Employers may not use pretextual reasons to justify an alleged wrongful firing.
A thorough, unbiased investigation can ascertain the true facts in an employment dispute. However, employers using self-help to investigate employment complaints can inadvertently make the situation worse. To protect your company and mitigate damages, you should retain experienced counsel. Our employment law attorneys conduct internal investigations for businesses, applying utmost discretion.
Strategies for resolving employment disputes
After a thorough investigation, we can assist with negotiated settlement, mediation, arbitration and other dispute resolution methods. Our goal is to uphold your rights while mitigating any damage to your company’s reputation or its bottom line. If the complaining employee insists on going to trial or if we believe a trial would best protect your rights, we stand ready to provide a vigorous defense.
Preventing future employment law disputes
Our business lawyers are skilled at instructing leadership on proactive measures to build a corporate culture that deters conduct that can erupt into litigation. Elements of a comprehensive preventative plan include:
- Drafting clear employee handbooks
- Training employees at all levels on workplace policies and best practices for addressing employment conflicts
- Establishing protocols for filing complaints
- Drafting precise employment contracts
- Regularly updating company policies to reflect current laws
- Retraining managers and workers whenever necessary
Our experienced attorneys provide guidance for implementing effective measures to enhance compliance and facilitate timely resolutions of workplace conflicts.
Contact our Pleasanton employment lawyers for conflict resolution
The employment law attorneys at Garcia & Gurney, A Law Corporation in Pleasanton represent businesses throughout California in management-labor disputes. Call 925-468-0400 or contact us online to schedule a consultation.
