ARE YOU AN EMPLOYER IN CALIFORNIA?

If you've been doing business in California for any length of time, and you have one or more employees, then you probably know how seriously this State takes its labor and employment laws. Strict adherence to all laws, regulations and orders is simply the cost of doing business in California, and yet even though the rules are constantly changing and evolving, it is unfortunately not a defense for an employer to say "I didn't know..."

At some point in the life of your business, the odds are that you will be faced with some type of employment-related lawsuit. For example, in 2018 alone, the California Department of Fair Employment and Housing (DFEH) received nearly 28,000 complaints from or on behalf of employees. claiming they had been a victim of some kind of discrimination by their employer. A similar review of the California Department of Labor statistics show a 358% increase in "wage and hour" actions from 2000 to 2015. In other words, it is simply a matter of time before any California employer finds themself on the receiving end of a complaint.

Clients often ask the question: "How can I keep from getting sued?" The simple, and unfortunate, answer is: "There is nothing you can do to prevent being sued." With very few exceptions, anyone can be sued at any time for virtually any reason. BUT, what you can do is take certain pro-active steps which will help ensure that when (not if) you are involved in a lawsuit, you are in the best position possible to secure a swift, decisive resolution.

So, what are those steps? First and foremost, having an attorney with the right combination of knowledge and expertise to assist you at every step is key. Many of our small business clients have been with us since their inception, and as their businesses grew, we were able to equip them with the tools necessary to survive as an employer here in California. 

Our small business clients rely on us for virtually all of their needs in the area of labor & employment:

• developing employment policies and practices in line with California law;
• drafting employee handbooks and manuals;
• determining appropriate types and amounts of insurance coverage;
• providing training to management and supervisors;
• employee discipline;
• addressing employee' internal complaints;
• responding to inquiries, investigations and complaints from Federal, State and local agencies and departments.

By making our office an integral part of their business right from the start, our clients have been able to build firm foundations which have allowed them to not only mount a strong defense against any type of claim, but ultimately save hundreds of thousands of dollars in legal costs.

Maybe your business has been open five years, or maybe its been open fifty, but for the first time ever, you have been sued by a former (or even current) employee. You read through the complaint that you were just served with a mixture of disbelief and, possibly, anger. After all, you did everything right: the right policies, the right training, the right practices, the right people!

Regardless of your feelings, however, what you do next is vitally important: you need to find an attorney to represent your business in this lawsuit, and you need to do it fast. Generally speaking, you have just 30 days to respond to a lawsuit in California. The question is, though: "What do I look for in a lawyer?"

Well, we can only tell you why our clients ultimately chose our firm out of the literally hundreds that are out there. The first thing most often mentioned by our clients, communication: clients appreciate being in the loop regarding what is going on in their case; having a voice in the overall strategy; and knowing that their fears, concerns and questions are being heard. The second thing most often mentioned, honesty: clients appreciate that we are up-front about the strengths and weaknesses of their case; realistic in assessing the potential costs; and transparent in our billing. The third and final thing most often mentioned by our clients, tenacity: clients appreciate that when push comes to shove, we're the ones doing the shoving; that we are calculated and surgical in our work; and that when it's our day in court, we are prepared, aggressive and ready for anything. 

No matter where your business finds itself, our office is available to answer any questions you may have as an employer here in California. Give us a call today to set up an appointment for a free initial consultation.