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EMPLOYMENT
litigation Employers’ obligations and employees’ rights are governed by a complex plethora of statutes, regulations, ordinances, and cases. California law is typically more favorable of employees than federal law. Successful employment litigation requires attorneys who are familiar with these nuances and the complicated regulatory structure that governs the employer/employee relationship. The attorneys at Colt Wallerstein have extensive experience litigating claims involving non-compete agreements, trade-secret misappropriation, sexual and racial harassment, sex and disability discrimination, whistle-blower retaliation, and wage and hour claims on behalf of both plaintiffs and defendants. Our most active field of
employment litigation centers on the enforcement (and
invalidation) of non-compete agreements. In
California, unlike most other jurisdictions, non-compete
agreements are void as a matter of public policy.
While this generally provides certainty for in-state
employees, complicated issues arise when
California-based employers seek to hire employees from
other states, or seek to employ employees in other
states.
Our attorneys have handled employment cases involving both state and federal law. They have represented employment clients in court and before government agencies, including the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”), the Division of Labor Standards Enforcement, and the California Unemployment Insurance Appeals Board. |
our RECENT victories NON-COMPETE
AGREEMENT; CALIFORNIA INJUNCTION PROHIBITING ENFORCEMENT
IN OTHER STATES. What happens when a California-based employer wants to hire out-of-state employees who are subject to non-compete agreements with the world's largest manufacturer of medical devices? Colt / Wallerstein was lead counsel for a complex set of national lawsuits involving this non-compete agreement that was signed by more than 100,000 employees. The manufacturer tried to prevent its former employees throughout the country from working for competitors for a period of 18 months. Our firm obtained an unprecedented injunction in California that prohibited the company from enforcing the agreement in other states. This extended California's authority outside of the state and helped foster competition in the employee marketplace.
Successfully enforced arbitration agreement on behalf of high net worth President and CEO accused of sexual harassment and discrimination, wrongful discharge, retaliation, failure to pay overtime and related claims. Represented national retailer in disability discrimination and tort case in which plaintiff alleged life-threatening injuries and sought millions of dollars in damages. Took and defended depositions and successfully argued numerous motions which dramatically reduced the client's exposure and ultimately led to a settlement for a nominal sum.
Obtained dismissal of wrongful termination and First Amendment claims on behalf of a city Mayor and his Chief of Staff relating to the termination of a high-level official.
Obtained dismissal on behalf of Housing Authority against claims of wrongful discharge, retaliation and violation of the First Amendment brought by a terminated attorney.
Obtained favorable settlement on behalf of individual and acquiring company accused of breaching non-compete agreement with Verizon Wireless.
BREACH
OF NON-COMPETE AGREEMENT: FAVORABLE SETTLEMENT
Obtained favorable settlements and agreements not to compete on behalf of high technology companies suing former employees for theft of trade secrets and breach of non-compete agreements.
Represented well-known venture capital firm in wrongful termination case brought by former employee.
Represented an attorney accused of sexual harassment and wrongful termination. Obtained favorable settlement.
Represented the CEO of one of the nation's largest security companies. In breach of contract and wrongful termination suit brought by former Chief Operating Officer, obtained summary adjudication of claims for breach of partnership agreement and breach of fiduciary duty. |