Fishman, Larsen & Callister provides legal representation for employers across all industries operating in the California area. We understand that lawsuits from employees are not only expensive and demanding on your internal resources, but also carry the potential of harming your company’s reputation and preventing top talent from seeking employment with your company.
Our team of Fresno employment law attorneys specializes in representing employers in a wide range of legal situations, including claim avoidance, regulatory compliance, and business transactions. We can also provide legal representation to employers in California facing litigation for wrongful termination, FMLA disputes, and other common employment-related legal situations.
Why Do I Need an Attorney?
Many small and medium-sized businesses in California simply do not have the liquidity to hire and retain in-house legal teams. Working with the right California employment law lawyer can provide your company with peace of mind when facing any type of employment law matter. We have years of experience in California employment law and have developed functional and efficient strategies designed to help employers avoid litigation with their employees. Even a seemingly straightforward lawsuit can be extremely expensive for your organization and cause lasting harm to your reputation.
When you choose an experienced California employment law attorney to assist with a compliance issue, a business transaction, or to represent you in employment law litigation, the situation will likely involve navigating the legal processes of at least one government agency. Any delays or inconsistencies in these matters can have dramatic repercussions for your organization. Approach employment law matters with greater confidence by working with an experienced team of California employment law attorneys.
How to Avoid Employment Law Litigation
One of the best ways to protect your business from legal disputes with employees is to implement solid practices at the Human Resources level, including clear policies that make employee expectations as clear as possible. Fishman, Larsen & Callister has extensive professional experience helping business owners establish the Human Resources policies that allow them to operate more confidently without fear of litigation from employees. Some of the ways we can help your business ensure compliance and avoid unnecessary and costly litigation from employees include:
- Creation of personnel policy guidelines and employee handbooks. These documents are provided to all employees and make their expectations as clear as possible. Without solid employee policies, employees may be surprisingly liberal in their willingness to assert litigation against their employers. Our team will help you create employee handbooks that provide employees with internal conflict resolution options to help you keep employer-employee disputes in-house as much as possible.
- Creation of anti-discrimination policies, procedures, and training for workplace harassment. The Equal Employment Opportunity Commission (EEOC) of the US requires all employers to create anti-discrimination and anti-harassment policies for their employees. If you fail to provide your employees these policies, this can potentially leave your company vulnerable to litigation. Litigation is a real possibility if an employee asserts that you failed in your legal duties set forth by the EEOC.
- Maintaining at-will employment. Most employment agreements function on an at-will basis, meaning both the employee and the employer have the right to terminate the arrangement at any time. This termination can occur with or without notice and with or without cause. Our team will help you create employment agreements that make at-will employment perfectly clear, providing your business with the highest level of protection from potential employment disputes.
- Determining employee exemption status. California recently implemented changes to the laws regarding terms of employment and employee exemption. We can help you determine what employment guidelines you must enact to keep certain employees in exempt status and clarify your legal obligations to exempt and non-exempt employees.
Creating workplace safety programs. The Occupational Safety and Health Administration (OSHA) sets clear rules for workplace safety across all industries operating in the US. Fishman, Larsen & Callister can help your team create workplace safety policies that comply with OSHA regulations and reduce potential future liability for employee accidents in the workplace.
- Drafting employment contracts. If you hire employees on a contract basis, our team can help. We will draft employment contracts that make employee expectations as clear as possible and provide the highest level of legal protection for your organization.
- Creating drug and alcohol screening programs. Employees who abuse drugs and alcohol are serious liabilities for your company and dangers to themselves. We can help you create drug and alcohol screening programs that ensure you do not hire at-risk employees and potentially encourage applicants struggling with substance abuse to seek treatment.
- Intellectual property protection. Trade secrets, intellectual property, and confidential business information require the highest levels of protection. If employees leak this information to competitors or take trade secrets to competitors, your business can suffer a tremendous blow. We can help you create nondisclosure agreements, noncompete agreements, and other contracts that preserve your company’s intellectual property and other confidential information with the most robust protection possible.
- Handling reductions in force or terminations of employment. If you must restructure your organizational structure or terminate employees for any reason, talk with our firm first. We can provide legal counsel to ensure your processes do not leave your organization vulnerable to future litigation.
- Creating independent contractor agreements. Your business may require the services of independent contractors with specific skill sets. Our team will help you draft contracts for these individuals to provide both parties with peace of mind and legal security. We will focus on ensuring your company has the highest level of protection from potential future contract disputes.
- Wage and hour law compliance. It’s vital for your company to comply with all applicable wage and hour laws at the federal and state levels. We can review your compliance requirements, so you fully understand your compliance obligations under these laws.
Fishman, Larsen & Callister strives to provide comprehensive and reliable legal services to every employer we represent in the California area. Whether you are just starting your business, escalating your organization to a new structure, or implementing new policies to offer your customers better products and services, our team can provide the legal counsel you need to operate with greater security.
Employment Law Litigation in California
Unfortunately, it is not possible to completely insulate your business from litigation, and you may encounter unexpected legal issues with your employees. Fishman, Larsen & Callister understands that even when you create the most robust Human Resources policies and practices, employers can still face the risk of a lawsuit from an employee.
Our team has years of experience representing employers in a wide range of litigation matters. You can trust your California employment law attorneys to represent you in a variety of lawsuits, including:
Unlawful discrimination or harassment. If an employee files a claim with the EEOC against your company for unlawful harassment or discrimination, Fishman, Larsen & Callister will provide robust legal defense for your company and help you dismantle the charges against you. Our team has successfully represented employers facing claims of workplace harassment, sexual harassment and discrimination, hostile work environment claims, whistleblower claims, and claims of Americans with Disabilities Act (ADA) violations.
- Wrongful termination. At-will employment laws exist to safeguard employers from these claims. However, if an employee asserts wrongful termination with the EEOC, your company will need legal counsel from a reliable team of California employment law attorneys.
- Claims of unpaid wages, overtime or associated penalties
- ERISA litigation. If an employee files a pension lawsuit against your company under the Employee Retirement Income Security Act, you can expect robust defense representation from our team.
- FMLA disputes. The current health crisis has generated a substantial increase in claims under the Family and Medical Leave Act. While many are legitimate, some employees are taking advantage of the situation to file fraudulent claims against their employers. Our team will uncover the root of any FMLA dispute you currently face and provide you with comprehensive legal representation through all phases of litigation. Our team can also handle pregnancy leave disputes, sick leave disputes, and complaints filed through the California Family Rights Act.
- False Claims Act. If your company is accused of violating the False Claims Act and defrauding a government program, we can help. We will work to uncover the documentation and evidence you need to overcome the charges and prevent the significant financial toll such a claim can take on your company.
- Violation of privacy rights. If an employee has accused you of violating their privacy rights or disclosing protected information, call us immediately. We can help you defend your organization from this charge by uncovering the truth of the matter.
State and federal lawsuits. Some companies face litigation in state and federal court. You can trust the team at Fishman, Larsen & Callister to protect your legal interests during any form of litigation at the state or federal levels.
- EEOC or Department of Fair Employment and Housing (DFEH) investigations. Both the EEOC and DFEH have expansive investigative procedures when employees file claims against their employers. We can help you navigate these investigations with confidence and help your organization avoid undue penalties.
- Labor Commissioner proceedings. In the event an employee accuses you of withholding their pay or files a claim of unpaid wages, you should expect to face Labor Commissioner proceedings. Our firm can provide legal representation throughout these proceedings and help you overcome unjust wage and hour disputes.
Workers’ compensation 132a petitions. Fishman, Larsen & Callister does not handle workers’ compensation claims, but our firm does provide specialized representation for 132a petitions that pertain to claims not covered by workers’ compensation insurance.
- Unemployment insurance hearings. Should a former employee file an unemployment claim, this will likely lead to hearings with your unemployment insurance carrier. Our team will help you determine whether the claim is valid and legitimate to prevent undue financial losses for your organization.
- Safety and health disputes. The COVID-19 crisis has generated many safety and health disputes against employers. We will help you establish safety and health policies that comply with the guidelines established by the Centers for Disease Control and Prevention and the US Department of Health.
Employment law litigation of any kind can be incredibly costly to any business. If you face any such situation with a current or former employee, call our firm. It is vital to have legal counsel you can trust to help you navigate the situation successfully and minimize the negative impact the situation could have on your organization. When you choose Fishman, Larsen & Callister to represent your company as your California employment law attorneys, you can expect detail-oriented and aggressive litigation defense from our team.
We will perform the necessary due diligence to uncover the root of any employment-related claim your company faces. Our team will help you navigate the compliance rules and regulations of government agencies with authority over your company. Ultimately, the best protection we can provide in terms of employment law litigation is preventative, helping your company establish clear policies, business contracts, and other protections that minimize the chance of employee disputes arises. However, when these issues occur, you can rely on us to represent you through every phase of the litigation you face.
Representing Employers in California
Fishman, Larsen & Callister provides robust employment law representation for employers across all industries throughout the California area. We understand how costly and time-consuming employment law litigation can be for any business owner and strive to streamline the process in any way possible. If you are just starting your company, you can rely on us to help you draft the contracts, policies, and other documents you will need to establish clear terms for all employee-employer relationships necessary for your operation.
If you need legal assistance creating Human Resources policies for your company, conduct an audit of your current wage and hour policies to minimize the chance of future disputes, or need legal counsel to navigate recently filed litigation against your company, contact Fishman, Larsen & Callister today. Schedule a consultation with an experienced and reliable California employment law attorney.
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Affiliated HR Professionals
Fishman, Larsen & Callister has an association with Sierra HR Partners, a human resource consulting company.
Many of our clients use Sierra HR to assist with their hiring needs, training, and general human resource assistance.
Having an experienced and certified human resource team, working with your law firm, can ease your administrative burdens and reduce or eliminate the potential of litigation