I represented an employer costume designer in a claim for unemployment compensation. The claimant alleged that she was really an employee, and had been misclassified as an independent contractor.
I won this case on the employer’s behalf, and against the claimant and the State of California.
I was successor counsel for a manufacturing employer company. The company had been sued for wrongful termination, disability discrimination, age discrimination, violation of constitutional right of privacy, negligent supervision and retention, retaliation, wage and hour violations, fraud, conversion, intentional infliction of emotional distress and violation of California Business and Professions Code, Section 17200.
After only a few months of my involvement, the case resolved for a small amount of money, less than $ 35,000.
My employer client had to lay an employee off, due to lack of work. The employee sued my client, alleging wrongful termination, disability discrimination, failure to accommodate the employee’s disability, retaliation, violation of wage and hour laws and violation of Business and Professions Code, Section 17200.
The employee sought lost wages and benefits, compensatory damages, unpaid overtime and double-time, liquidated damages, attorney’s fees, costs and penalties. After I filed an answer on the client’s behalf, this case resolved before the client had incurred significant attorney’s fees and costs. The employer client was able to make agreed small monthly payments.
Wage and Hour Defense
My employer client was sued by six workers for claimed wage and hour violations, alleged failure to provide meal and rest times, failure to provide itemized, compliant wage statements, purported failure to pay overtime and minimum wage, liquidated damages and alleged violation of Business and Professions Code, Section 17200.
The end result was a defense jury verdict in the employer’s favor and against three employees, who received nothing. Although six employees had sought damages in excess of one million dollars, each of the remaining three employees received small awards, ranging from $18,250 to $24,000. Although the employees’ attorney requested fees and costs in excess of $600,000, he received only $60,000.