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Law Office of Robert M. Baskin | Employer Defense

The Law Office of Robert M. Baskin defends California employers against employment law allegations. If your company is facing any type of employment-related lawsuit or legal claim, we can aggressively advocate for a successful resolution on your behalf. Representing business owners, managers, corporate clients, and others who are the target of labor-related issues, our employer defense lawyers have over 40 years of experience finding solutions for employers in employment law matters.

We understand the negative effect an employee lawsuit can have. The possibility of disrupting business operations can devastate a company’s bottom line, including the potentially negative effect on employee morale or the company’s reputation in the community. At The Law Office of Robert M. Baskin, we handle employment law matters effectively and efficiently to allow our clients’ primary focus to be on their daily business practices and core operations. Our experience extends to a wide range of areas, including discrimination, harassment, retaliation, and termination issues.

Our depth of knowledge in employment law matters comes partly from our law firm’s decades of representing companies and businesses combined with our skillful handling of employment law matters. Our employer defense attorneys take care of every legal detail to ensure your case meets court deadlines. We protect your interests by building a strong defense. Contact an Employment Defense Lawyer at The Law Office of Robert M. Baskin. Call (805) 658-1000 and arrange for your complimentary consultation.

A Solid Defense Against Employer Claims in California

Employment law issues can have a far-reaching impact in businesses of all sizes. These matters must be addressed in the appropriate manner. A company must stay in compliance with a wide range of federal, state, and local regulations with regards to employment practices. These laws may include:

• Hiring and Firing Actions
• Employment Contracts
• Family Leave and Medical Leave
• Disability Discrimination
• Harassment
• Healthcare
• Safety Standards
• Wage & Hour Issues
• Covid Related Employment Issues

Defending Against Employment Compensation Claims

The law requires companies to follow extremely technical and complex calculations to determine the appropriate compensation for employees. Maintaining accurate records is often the challenge for businesses facing claims in wage & hour disputes. Our employer defense lawyers work to reduce employer liability by providing a strong defense. Legal challenges in compensation matters may include:

• Wage/Hour Disputes
• Meal and Rest Break Matters
• Independent Contractor Requirements
• Employee Misclassification
• Severance Negotiations
• Employment Benefits Claims
• Waiting Time Penalty
• (FLSA) Fair Labor Standards Act Compliance
• Overtime Actions

Workplace Discrimination Matters

Employers are prohibited from acting on decisions based upon certain protected factors. These classes include race, religion, disability, sexual orientation, age, gender identity, and more. Our employment defense lawyers vigorously represent employers in employment law-related lawsuits that involve discrimination. In addition, we proactively help companies provide safe workplaces by providing skilled legal guidance regarding the employers’ rights and obligations to employees. Employment discrimination lawsuits can involve many types of issues, including alleged violations of the following laws:

• FEHA (Fair Employment and Housing Act)
• Civil Rights Act of 1964, Title VII
• ADA (Americans with Disabilities Act)
• Sexual Harassment
• Disability Discrimination
• Workplace Discrimination
• Civil Rights
• Labor Code 1101 Sexual Orientation
• FMLA (Family and Medical Leave Act)
• Equal Pay Act of 1963

Defending Retaliation and Wrongful Termination Claims

The termination process must be handled carefully. Employers are required to stay within the law when dealing with employees, and this can extend to action involving the separation of an employee from the business. Depending on the employee’s position or employment contract, the employer may be required to provide certain notice prior to taking disciplinary actions or terminating the employee. Employer defense attorneys at The Law Office of Robert M. Baskin help clients navigate these challenges to avoid the potential liability of wrongful termination lawsuits. If your company is facing legal action involving layoffs, termination, or retaliation, our employer rights attorneys can prepare an aggressive defense for your company. These cases may involve:

• Violation of Employment Contract
• 132a Claims
• FMLA
• Whistleblower Protection Laws
• Discrimination
• PAGA
• Workers Compensation
• Labor Commissioner Hearings

Actions to Prevent Employment Law-Related Lawsuits

Employment disputes can have a ripple effect in businesses of all kinds. Employers need to take strategic actions to prevent these types of legal challenges. Our employer defense lawyers and business attorneys help companies take preemptive measures to minimize employment claims and lawsuits. With extensive knowledge and business insight, we can review a business’s practices, identifying areas of potential weakness and areas which may offer growth opportunities. With a focus on employment and labor laws, our employer defense law firm helps clients navigate the fast-changing, increasingly complex set of laws that govern employee-employer relations. Our attorneys are skilled negotiators and litigators who are well-prepared to resolve any type of grievance dispute.

Contact our Experienced Employment Defense Attorneys

The Law Offices of Robert M. Baskin offers representation to employers and companies of all sizes in California. We offer experienced legal services to protect your businesses and their interests against a wide range of employment-related disputes and lawsuits. Call our office and arrange for your free consultation. Call (805) 658-1000, or reach out to us online to learn how we can help resolve your employment law disputes.

FAQ

What legal issues do employer defense attorneys handle?

Employer defense attorneys address a spectrum of legal complexities that arise within the realm of employment law. The attorney helps clients navigate disputes involving discrimination, sexual harassment, wrongful termination, retaliation, and a myriad of other labor-related concerns. They serve as strategic allies for businesses, managing legal intricacies that involve current employees, former employees, and prospective hires.

In practice, employer defense attorneys skillfully interpret and apply federal, state, and local employment laws and regulations to safeguard the interests of their clients. This may entail crafting robust defense strategies to counter unfounded claims, mediating contentious disputes, and representing businesses in litigation proceedings when necessary. By offering proactive guidance and counsel, these attorneys help mitigate legal risks and ensure compliance with evolving legal standards in the dynamic landscape of employment law.

Why is it important to retain an employer defense attorney?

Hiring an employer defense attorney is paramount for businesses facing lawsuits and challenges of employment-related legal disputes. These attorneys play a pivotal role in safeguarding the integrity and viability of organizations by providing comprehensive legal support and advocacy.

This area of legal practice requires experience with the web of overlapping employment laws and regulations at the federal, state, and local levels. With a deep understanding of legal frameworks, the employer rights lawyer helps businesses proactively address potential issues before the matter escalates into costly disputes. By leveraging experience and strategic acumen, the attorney develops tailored defense strategies that protect the reputation, assets, and operational continuity of businesses.

Additionally, employer defense attorneys offer invaluable guidance and counsel to employers, empowering business owners and managers to make informed decisions and implement the best practices in human resources management. From drafting employment policies and handbooks to providing training on compliance matters, these attorneys help foster a culture of legal compliance and risk mitigation within organizations.

Ultimately, the proactive engagement of an employer defense attorney not only reduces legal exposure but also instills confidence and peace of mind for business owners and management teams. By entrusting their legal matters to skilled professionals, businesses can navigate employment-related disputes and lawsuits with clarity, confidence, and resilience.

When do employment-related disputes typically arise?

Employment-related disputes can emerge at various stages throughout the employer-employee relationship, reflecting the dynamic and multifaceted nature of workplace interactions. These disputes may manifest during recruitment efforts, hiring processes, training programs, promotions, scheduling conflicts, disciplinary proceedings, and termination decisions.

During recruitment and hiring, disputes may arise concerning allegations of discriminatory practices, unequal treatment, or improper screening procedures. Similarly, disputes related to training programs and promotional opportunities may stem from perceived biases, lack of transparency, or failure to provide equal access to advancement opportunities.

Scheduling conflicts and disciplinary hearings also present potential flashpoints for disputes, as disagreements over work hours, job duties, or disciplinary actions can escalate into formal grievances or legal challenges. Termination proceedings often spark contentious disputes, particularly if employees perceive their dismissal as unjust, retaliatory, or discriminatory.

It's important to note that employment-related disputes may not always materialize immediately; they can surface months or even years after the alleged incident occurred. As such, employers must maintain detailed records of workplace interactions and incidents, as well as adhere to statutory limitations governing the timeframe within which employees can file lawsuits or complaints.

By proactively addressing disputes as they arise and adhering to established protocols for documentation and resolution, employers can reduce the risk of prolonged litigation and reputational damage. Fostering a culture of transparency, fairness, and accountability within the workplace can help preemptively manage the root causes of potential disputes.

 

What steps can be taken to defend against employee-related lawsuits?

Employers should consult legal counsel quickly when claims arise. For example, if it is a wage-related lawsuit, this may show up in the public record and interfere with the employer’s business relations with government entities. Defending against employee-related lawsuits requires a multifaceted and hands-on approach aimed at safeguarding the interests of employers while reducing legal risks and liabilities. Employer defense attorneys play a pivotal role in orchestrating comprehensive defense strategies tailored to the unique circumstances of each case.

Employers should prioritize the maintenance of accurate and detailed documentation pertaining to employee interactions, performance evaluations, disciplinary actions, and policy adherence. A robust paper trail serves as a critical evidentiary resource, enabling employers to substantiate their actions and defenses in the event of litigation.

A skilled employer defense lawyer can help a business understand the nuances of business entity liability protection and corporate governance. Employers may explore various legal structures and mechanisms to shield personal assets from corporate liabilities, thereby safeguarding the financial interests of stakeholders.

In a lawsuit, settlement negotiations represent another pivotal aspect of the defense process, offering a cost-effective and expedient means of resolving disputes without resorting to protracted litigation. Employer defense attorneys use negotiation skills and legal knowledge to pursue favorable settlement terms that minimize financial exposure and reputational harm for their clients.

Throughout all stages of litigation, employer defense attorneys collaborate closely with clients to provide strategic counsel, manage discovery proceedings, depose witnesses, and advocate vigorously on their behalf. Skilled counsel can preserve an organization’s reputation and operational continuity in the face of employee-related lawsuits.