Post Termination and Litigation
California Supreme Court Brinker Restaurant Rest/Meal Period Decision
After years of waiting, and $100s of millions (if not billions) in legal fees, settlements and damages paid by California businesses, the California Supreme Court has issued its rest and meal period decision in the Brinker Restaurant case. read more
California Supreme Court Hears Argument in Brinker Restaurant & Brinkley
A Vision law attorney attended the live oral argument before the California Supreme Court in San Francisco on November 8, 2011 on a case involving an employer’s obligation under California law on rest periods and meal periods. It is astonishing that the highest court of the State of California must rule on whether adults in [...] read more
Separation and Severance
Sometimes it’s so hard to say goodbye. Separation/severance agreements can be used for goodwill or for legal protection in high risk employee departures. Severance agreements are most often associated with larger Fortune 500 type companies. We have all heard in the news folks like Goldman Sachs, Hewlett-Packard and the like paying massive “severance” amounts to [...] read more
Arbitration Agreement May Be a Powerful Tool – If Your Business Can Afford It
Since the California Supreme Court’s Armendariz decision, arbitration agreements under California law have been bitter sweet. California small-medium businesses (SMB’s) can impose mandatory arbitration agreements on employees to arbitrate employment related disputes, but must pay for all costs associated with the arbitration. Mandatory binding arbitration removes the case from a jury and requires the plaintiff [...] read more
Independent Contractors
A Distinction With a Difference We are in the information age where the “knowledge worker” is king. More and more workers wish to operate as “free agents”—independent contractors. The problem is the federal and state government haven’t quite figured that out yet. The hot topic for them is “reclassifying” free agent independent contractors to employees [...] read more
Top 10 Preventable Employee Lawsuits
Wage and Hour Claims Discrimination Claims Wrongful Termination Claims and Whistle Blowing Claims Leaves of Absence Related Claims Harassment Claims Breach of Contract Trade Secret Misappropriation and Unfair Competition Defamation Claims Invasion of Privacy and Drug Testing Class Actions, and Business and Professions Code 17200 Actions (Download Full Report (PDF)) Avoiding Employee Lawsuits The California [...] read more
At-Will Employment – The Cornerstone of Employer Rights
Wrongful termination, breach of contract, discrimination and harassment: that’s all we business owners and management hear and read about in the media. We don’t hear that the employment relationship under California law is presumed to be “at-will.” At-will means either the employer or the employee may terminate the employment relationship at any time, for any [...] read more
Management Discriminates Daily, But Is It Unlawful Discrimination?
Jack Welch, in his book, Winning (chapter 3 “Differentiation” page 37), underscores one of his core values by stating: “Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak. Companies suffer when every business and person is treated [...] read more
Fair vs. Unfair Competition
The Need for Fair Competition We live in a great country and a great state. Both are built on a free market economy based on supply and demand. This valued and fundamental policy of “free market” is built into California law. Therefore, any agreement by which “anyone is restrained from engaging in any lawful profession, [...] read more
Litigation Defense
Limiting Costs and Liability
Employment law litigation is expensive, which is why much of Vision Law’s practice involves helping employers prevent the emergence of labor problems that could result in an employee lawsuit.
Unfortunately, we find that in many cases employers only come to us for help after a problem has emerged. In these situations, our attorneys vigorously defend the rights and interests of our business clients through aggressive, yet efficient litigation and representation.
When representing an employer in an employee lawsuit, we work closely with our client to evaluate the potential risk in terms of both dollar and opportunity cost. Often, the most economical and timely way to get rid of the lawsuit is through a negotiated settlement. In these cases, we use our litigation expertise and tactics to gain leverage to reach a cost-effective settlement that resolves the matter and protects the future interests of our client. Read More »