Strong Advocates for California Employers

Edlin Gallagher Huie + Blum represents employers in all facets of employment and labor law. Our attorneys have extensive experience protecting the rights and financial interests of employers in disputes involving discrimination, harassment, retaliation, wage and hour disputes, wrongful termination, and much more. From Fortune 500 companies to small businesses and entrepreneurs, employers can rely on our experienced perspective and proven skills.

Trusted Advice and Focused Representation

Employment law disputes have the potential to damage the financial well-being and reputation of a business, resulting in disruption long after the case has been resolved. We approach every employment law issue with the goal of minimizing our clients’ exposure to legal, financial, and collateral damages. We prepare every case for the possibility of trial while using our strong negotiation skills to find equitable solutions that are in our clients’ best interests. Our attorneys are well-versed in helping clients craft workplace policies that mitigate future claims. An ounce of prevention is worth a pound of cure in employment law; you can rely on our firm to provide you with sound counsel about your rights and obligations as an employer so you can limit the potential for future litigation.

Common Employment Law Cases We Handle

Wrongful Termination Claims

Employees may allege wrongful termination for a variety of reasons, including violation of an employment contract or claims of being fired for illegal reasons—such as reporting harassment or unsafe working conditions. Even though at-will employees can be terminated at any time, employers must ensure the reason for termination is lawful. Our team helps employers handle wrongful termination claims with careful attention to both contractual terms and statutory protections.

Wage and Hour Disputes

Wage and hour claims are some of the most common issues facing employers. Employees may accuse an employer of failing to pay overtime, underpaying wages, misclassifying employees to avoid proper compensation, or not providing mandated breaks. It’s crucial for employers to maintain thorough records to demonstrate compliance with wage and hour laws. Our attorneys help businesses defend against these claims by providing strategic guidance on compliance and documentation.

Discrimination Claims

Discrimination based on protected characteristics—such as race, sex, religion, national origin, age, or disability—is illegal. Discrimination claims can arise in various contexts, including hiring, promotions, job assignments, and termination. Our firm assists employers in defending against these claims by ensuring that all employees are treated fairly and equitably and that appropriate policies and practices are in place to minimize risk.

Sexual Harassment Claims

Sexual harassment claims, including hostile work environment and quid pro quo harassment, can have serious legal and reputational consequences for employers. Harassment may involve unwelcome conduct such as inappropriate jokes, physical advances, or favoritism. Employers must take immediate and effective action to prevent and address harassment. We help businesses investigate and resolve harassment claims, ensuring compliance with federal and state regulations.

Safety Violations and OSHA Compliance

Employers are required to maintain a safe work environment in compliance with regulations set forth by the Occupational Safety and Health Administration (OSHA). Employees who report safety violations are protected from retaliation under the law. Our attorneys assist employers in navigating workplace safety concerns, responding to OSHA violations, and documenting compliance efforts to avoid costly penalties and lawsuits.

Other Employment Law Matters We Handle

In addition to the issues mentioned above, our team has extensive experience handling a range of other employment-related matters, including:

• Breach of Contract Claims
• Whistleblower Claims
• Family and Medical Leave Act (FMLA) Disputes

We work closely with employers to explore legal options, gather evidence, and, if necessary, represent them in court. Our goal is to help businesses protect their interests, reduce exposure to liability, and foster a positive work environment.

Contact Our Firm To Learn More

Our lawyers are well-versed in the employment law issues facing California employers. Contact our offices in San Francisco to schedule a consultation.

Answering Your Employment Law Questions

As an employer, you know how disruptive and costly an employment law dispute can be for your business. Our experienced attorneys are here to answer your questions and help you mitigate conflicts. In the meantime, please see some answers to frequently asked questions that we receive from employers.

Can I fire an at-will employee in California?

Yes, in an at-will state like California, the law allows employers to fire employees for any lawful reason. However, you cannot fire someone for an unlawful reason, such as discrimination or retaliation.

What are unlawful reasons to fire an employee?

If you fire an employee for an unlawful reason, you may face a wrongful termination lawsuit. As an at-will state, you can fire someone for any reason except discrimination, retaliation, refusal to commit an illegal act, sexual harassment, and protected absences.

What is employee discrimination?

Discrimination in the workplace is defined as unfair treatment due to color, race, religion, gender, sexual orientation, disability, or pregnancy. If you fire an employee for any reason that is considered discriminatory, you may face a wrongful termination or discrimination lawsuit.

Why do I need an employment law attorney?

As an employer, you know how nuanced managing staff can be. Working with an experienced employment law attorney can help protect you from liability and address issues early on to avoid costly litigation. From taking proactive measures like establishing clear workplace policies to avoid potential legal challenges to defending your rights as an employer when claims are filed, an experienced employment law team is an essential resource for your business.

What does California law guarantee for bereavement leave law in 2024?

California Bereavement Leave Law (2024)

As of 2023, California law guarantees bereavement leave for most employees when a close family member passes away. Key points:

• Applies to private employers with 5+ employees
• Eligible employees can take up to 5 days of leave
• Employees must have worked for the employer for at least 30 days
• Covered family members include spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law

Contact Our Firm to Learn More

Our lawyers are well-versed in the employment law issues facing California employers. Reach out to our Practice Group Chair online or over the phone at 628-218-6960 to learn more.

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