Employment

The Employment Group justifiably takes pride in its twenty-five year track record.  The Employment Group represents the interests of world-renowned universities, medical centers and nearly every type of business, from Fortune 500 corporations, to Silicon Valley start-ups, to non-profits. Bringing together litigators and counselors from diverse academic and professional backgrounds, the Employment Group provides full service labor and employment counseling and litigation services to the most exciting and productive companies in the nation.

Litigation

The Employment Group's litigators represent management in employment disputes in state and federal court, both at the trial and appellate levels, and before federal and state administrative agencies such as the Equal Employment Opportunity Commission, the Department of Fair Employment & Housing, the National Labor Relations Board, Department of Labor and the Department of Industrial Relations. With an emphasis on providing early and accurate assessments of the risks and costs involved in litigating cases, the Employment Group's litigators are able to consistently formulate winning strategies for clients, whether through settlement, motion practice, alternative dispute resolution or trial. When settlement is appropriate, the Employment Group's cumulative trial experience and enviable record of success afford its attorneys the credibility necessary to effectively negotiate favorable settlements on behalf of its clients.

Trial Work

Some cases must go to trial. The Employment Group's trial attorneys are facile with the latest audio-visual, computer and document technology to enhance trial presentations and satisfy the expectations of today's increasingly sophisticated juries. Instead of forcing the jury to fumble with papers, key documents - always at the trial attorney's fingertips - are available on a computerized screen for an organized and engaging trial presentation. No matter how sophisticated the technology, however, we recognize that it is still the trial lawyer's responsibility to convey the case in a meaningful way to the jury. In this regard, there is no substitute for experience. In the past five years, the Employment Group has received over a dozen defense verdicts in employment trials. Click on our "Record of Success" to read about some of those victories.

Motion/Appellate Practice

The Employment Group is equally accomplished in motion practice. It is the Employment Group's philosophy that effective representation at trial is often the product of an effective pre-trial practice. In many cases, strategically planned and well-crafted motions can resolve a case before trial. In others, motions pare down the issues to be tried and allow for the strategic removal (or inclusion) of portions of the case which may assist a jury in rendering a verdict in the client's favor. The Employment Group frequently has been successful in disposing of entire cases on summary judgment, saving thousands of dollars in legal fees and time for clients. Post-judgment, attorneys from the Employment Group work hand-in-hand with the firm's Appellate Group to ensure that favorable judgments are upheld and, should they occur, unfavorable ones reversed.

Alternative Dispute Resolution Practice

Litigation can often exact an emotional toll on an employer’s work force as well as present large monetary costs, so the Employment Group often recommends one or more alternative dispute resolution procedures. These strategies range from stipulated binding arbitrations to private mediations, and are designed to bring the client the best possible result within an appropriate time frame. Sometimes, a client's goals are best served by an early resolution, but other times litigation is necessary. Bearing in mind the client's goals, the Employment Group works hard to tailor its representation to assist management in the effective running of its business rather than forcing it to shift its focus to litigation.

Wage-and-Hour Expertise

Devoted exclusively to the representation of management, the Employment Group at Gordon & Rees has successfully defended many wage-and-hour class, collective and representative actions involving numerous and diverse industries.

At times, a client's goals are best served by an early resolution of a wage-and-hour lawsuit, but at other times, litigation may be necessary. Based on the circumstances created by the particular lawsuit and the client's business requirements, the Employment Group works hard to tailor its representation to meet the mutually agreed upon goals.. If settlement is appropriate, the Employment Group's cumulative trial experience and reputation afford its attorneys the credibility necessary to effectively negotiate favorable resolutions on behalf of its clients.

Gordon & Rees's wage-and-hour class action expertise includes representing clients in all phases of class litigation, from class certification and subsequent litigation through settlement and claims proceedings. Given the Employment Group's cumulative trial experience and enviable record of success, our attorneys utilize finely-tuned strategies to address a host of diverse and complex issues that arise during class and collective litigation. Drawing on this experience, our attorneys have successfully defeated class certification in wage-and-hour class actions on numerous occasions. The breadth of our employment practice group, our outstanding litigation record, and our cost-effective legal services all combine to make Gordon & Rees the preferred firm to defend class actions.

In addition, we regularly and proactively counsel a variety of local, national and international clients on compliance with wage and hour laws and regulations - including, but not limited to, the proper classification of employees as exempt or non-exempt, overtime, missed meal and/or rest breaks, and vacation policies, - so as to minimize the exposure to employee lawsuits.

Counseling and Training

Counselors in the Employment Group recognize that well-considered pre-litigation advice can in most cases avoid litigation or minimize the impact of unfortunate planning. The Employment Group stresses the importance of periodic reviews of employment policies and practices to assure compliance with ever-changing local, state and federal laws. The Employment Group regularly counsels its clients on compliance with old and new laws in the areas of hiring, promotion, discipline, termination, compensation, harassment, substance abuse, wage and hour affirmative action and independent contractor arrangements. Our attorneys review and draft employee handbooks, personnel rules, affirmative action manuals and other employment forms and policies. The Employment Group also pays particular attention to the language of offer letters and severance agreements because these documents, when properly drafted, prevent litigation.

As part of its emphasis on preventative employment relations, the Employment Group's attorneys often train employees, including management, on a wide array of subjects. These seminars include maintaining a workplace free of harassment and discrimination, effective hiring and discipline, and all others issues of concern to businesses, large and small.

Workplace Investigations

The Employment Group has conducted many workplace investigations involving both management and rank-and-file employees. Our attorneys are skilled at handling sensitive situations and our investigations emphasize discretion, tact and a sense of fairness and balance that is essential to favorably resolving such issues. At the conclusion of one of our investigations, management can rest assured that it is making its decision after having had the best opportunity to weigh the risks and benefits of its options. In addition to workplace misconduct investigations, the Employment Group has performed a number of broad workplace assessments in order to advise management in situations where a particular work group is experiencing difficulties in workplace interactions or a change in management. Top mediators have commented on the quality of our investigations and recognized the importance of such assistance in resolving difficult matters.

Management Labor Relations and Representation

The Employment Group works with management to provide practical preventive advice in labor and employment compliance, management/labor relations, collective bargaining and other labor organization related activities. Several of the Employment Group partners have extensive experience representing management in collective bargaining negotiations, arbitration and before the various administrative agencies.

Employment Group attorneys provide counseling on how to lawfully maintain a union free work place, guidance during and after union organizing efforts, and representation of employers before the National Labor Relations Board and other administrative agencies in Representation and Unfair Labor Practice cases, including Decertification and Unit Clarification Proceedings.

In the collective bargaining process, our attorneys serve as lead negotiators throughout, with key roles in the design of negotiation architecture. Early analysis identifies risks of labor disputes and complements the overall plans. Throughout the life of the collective bargaining agreement, Employment Group attorneys work with management in the contract dispute resolution process, through grievance and arbitration proceedings involving discharge, discipline and contract interpretation.