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Employment Law

Discrimination and Harassment

Lonich & Patton advises corporate and individual clients on the avoidance of claims related to all aspects of discrimination and harassment law, including:

• Assessing the potential liability risk of an employer's procedures and internal decision-making processes;
• Assessing the liability risk of potential employment decisions;
• Implementing personnel decisions in compliance with applicable discrimination and harassment laws; and
• Responding to complaints of discrimination or harassment, including avoidance of retaliation.

When disputes arise or a claim is filed regarding discrimination, harassment or retaliation, we represent clients before administrative agencies and in court, working aggressively and efficiently to achieve our client's objectives.

Employment Contracts

The attorneys at Lonich & Patton have experience assisting clients in the drafting and implementation of a vast assortment of employment agreements, including:

• Employment contracts;
• Employee profit-sharing agreements;
• Executive compensation agreements;
• Commission agreements;
• Severance agreements;
• Restrictive covenants, including covenants not to compete; and
• Arbitration agreements.

Whether you are looking to create an entirely new agreement or revise a current version, the attorneys at Lonich & Patton can help you prepare and implement a contract that addresses your company's needs.

Employment Litigation and Administrative Hearings

While it is our goal to help clients avoid litigation, we recognize that litigation can be an unavoidable reality. The attorneys at Lonich & Patton have extensive experience counseling and representing clients in a wide range of employment disputes, including:

• Wrongful discharge and termination;
• Employment discrimination;
• Sexual harassment;
• Retaliation;
• Breach of contract;
• Unfair competition;
• Wage and hour disputes; and
• Benefits litigation, including unpaid commissions, vacation pay and severance.

Our attorneys also have experience representing clients at administrative hearings conducted by the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission and the Labor Board.

Labor Relations Law

Our attorneys provide employers with strategic advice and practical solutions to the difficult legal issues arising from conflict in the workplace. Maintaining a competitive advantage with a unionized workforce often presents employers with significant challenges. Our attorneys are experienced in handling labor relations legal matters arising under the National Labor Relations Act, the Educational Employment Relations Act, and the Meyers-Milias-Brown Act.

We partner with employers to provide a comprehensive array of labor relations legal services in the areas of:

• Collective Bargaining: We negotiate contracts, draft language, develop strategies, and advocate the employer's proposed solutions in impasse mediations, interest arbitrations, and fact-findings. We are skillful in the use of traditional models of negotiations as well as interest-based bargaining.
• Contract Administration: We help employers interpret and properly implement collective bargaining agreements, train supervisors on their obligations under the contract, and prepare for future negotiations.
• Grievance Processing: We investigate grievance allegations, develop strategies, draft responses, and defend the employer's interests in arbitration.
• Representation Before Administrative Agencies: We appear before the National Labor Relations Board and the Public Employment Relations Board in union representation matters and to defend and prosecute unfair labor practice charges.

Our attorneys also specialize in advising employers concerning union organizing drives, prevailing wage issues, and the labor relations implications of mergers and acquisitions.

Personnel Policies

Our team regularly drafts and revises documents typically used by clients in the course of managing their personnel, including:

• Employee Handbooks and individual personnel policies
• applications for employment
• employment offer letters
• employment contracts
• commission plans and agreements
• performance review forms
• disciplinary memoranda
• documents relating to leaves of absence
• arbitration agreements
• severance agreements

Unfair Competition and Restrictive Covenants

We assist clients in crafting documents to protect their intellectual property and in assessing the enforceability of agreements and policies to which they may be subject. We regularly advise clients on issues relating to unfair competition, trade secrets, covenants not to compete and other restrictive covenants.

When disputes arise, we have extensive experience in representing both plaintiffs and defendants in suits alleging unfair competition and misappropriation of trade secrets, as well as cases in which temporary restraining orders or other injunctive relief are sought.

Wage and Hour Issues

Our attorneys provide advice and recommendations on various wage issues, such as:

• Exempt and non-exempt classifications
• Compliance with overtime laws
• Alternative work schedules
• Compensatory time off
• Commission agreements
• Meal and rest periods

Wrongful Termination Litigation

Our attorneys have extensive experience in representing clients in all types of wrongful termination lawsuits, including cases involving allegations of breach of contract, discrimination, retaliation and termination in violation of public policy.

We also work closely with clients from the outset of the case to analyze the case carefully, learn the client's goals and achieve them in the most timely and cost-efficient manner possible. We regularly handle cases in both state and federal court and also have experience in representing clients in administrative and appellate proceedings arising from wrongful discharge cases.

Where We Practice

Lonich & Patton, LLP handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.