Litigation, Trial and Arbitration

Our employment practice team has talented and highly experienced litigators and trial attorneys with a track record of obtaining favorable results. We represent employers and managers in a wide variety of labor and employment litigation including claims for:

  • Discrimination: Disability, Race, National Origin, Gender, Religion, Marital Status
  • Harassment and Sexual Harassment
  • Retaliation and Wrongful Termination
  • Wage and Hour: Overtime, Meal and Rest Breaks, Misclassification
  • Accommodations, and Medical and Family Leaves
  • Arbitrations and Mediations
  • Labor Code sections 132(a), 4453, 1102.5

We believe that early and candid case assessments are essential for effectively handling employment cases. We partner with our clients to reach a consensus regarding the appropriate approach and strategy to obtain the best possible outcome. This assessment process is ongoing during the life of the case, and the case may move from one track to another depending on case developments.

Our goal is to reduce the exposure to our clients, including the financial risk and expense of defending litigation, and potential branding and public relations implications, by resolving appropriate cases by settlement or mediation when reasonably possible. If, however, resolution is not practicable, our employment practice team has the acumen and experience to deliver favorable outcomes by dispositive motions and at jury trials. A representative list of results obtained by our attorneys during the course of their careers at LimNexus and prior law firms is below:

Trials and Arbitrations

  • Obtained defense verdict in jury trial against claims of race discrimination and wrongful termination by an African American insurance marketing professional. Plaintiff claimed that just before termination his supervisor sent him a racially derogatory photograph of a monkey and revoked his authority for handling large accounts.
  • Represented a police department and supervisor sued by police officers in three successive lawsuits for discrimination, harassment, and retaliation related to denial of promotions over a 10-year period. Lead counsel in two jury trials. In first trial prevailed on plaintiffs’ discrimination claims. In second trial plaintiff obtained a modest verdict on retaliation claim; however, we obtained a complete reversal on appeal based upon the same arguments originally asserted in defense JNOV motion. Obtained attorney’s fees plus costs judgment against plaintiff.
  • Obtained defense verdict for a national auto parts distributor in a multi-plaintiff action alleging unpaid overtime.
  • Defended a major Southern California utility company in several labor arbitration proceedings involving former union-represented employees terminated for violation of safety rules.
  • Represented global pharmaceutical company in multiple arbitration proceedings involving alleged denial of severance benefits resulting in several arbitration awards in favor of the employer.

Dispositive Motions

  • Obtained summary judgment and a finding that the lawsuit was frivolous in favor of a county against claims by an HR investigator who sued for FEHA disability discrimination, failure to engage in the interactive process and failure to accommodate based upon her visual impairment and job-related injuries to upper extremities, claiming the performance standards were unreasonable.
  • Represented a multi-national corporation in a breach of contract, fraud, discrimination and wrongful termination lawsuit by a former employee of the client’s vendor. Obtained a dismissal at the pleadings stage, which was affirmed by the California Court of Appeal.
  • Represented a real estate development company in a whistleblower and wrongful termination case that was settled favorably after summary adjudication was granted as to several key causes of action.
  • Represented a publicly-traded retail/grocery company in numerous discrimination actions throughout Southern California, including Kern, Los Angeles, Riverside, San Bernardino and San Diego Counties. Several of these matters were removed to Federal Court based on diversity jurisdiction, and most resulted in settlements at mediation prior to incurring substantial defense costs.
  • Represented a bank sued by the bank manager for race discrimination and retaliation after he was terminated for violation of bank expense reimbursement policy. Case settled for nominal amount upon plaintiff attorney’s receipt of defendant’s summary judgment motion.

Wage & Hour and Class Actions

  • Represented a global mining conglomerate in a wage and hour class action by union-represented employees.
  • Represented a restaurant franchisee in a wage and hour class action by employees at numerous locations.
  • Represented a transportation and logistics company in a wage and hour class action involving novel Federal preemption defenses.
  • Represented a printing and labeling company in a wage and hour class action by employees who signed meal-period waiver agreements.
  • Represented a security services contractor in a wage and hour class action involving the enforceability of on duty meal period agreements.

Administrative Agency Matters

  • Represented employers in numerous wage and hour claims filed with the California Labor Commissioner. Many resulted in modest settlements prior to evidentiary hearings, while others resulted in dismissals in favor of the employer after evidentiary hearings.
  • Represented an automotive industry employer in a wage and hour audit by the U.S. Department of Labor regarding alleged misclassification of employees as exempt.

Attorneys: Arnold Barba, Jane N. Kespradit, Pio S. Kim, Bryan King Sheldon, Phillip F. Shinn, David D. Yang, Lisa J. Yang, Bethany J. Peak

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