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Employment

Rogers Joseph O'Donnell's extensive litigation experience in employment disputes includes jury trials, appeals, administrative hearings, mediations, and arbitrations. Rogers Joseph O'Donnell attorneys have litigated age, race, sex, and disability discrimination suits under the FEHA, ADA, Title VII, and State and Federal False Claims Acts. In addition, we have experience handling both individual and class action suits.

Rogers Joseph O'Donnell's employment practice encompasses both counseling and litigation. To assist clients in minimizing the risk of litigation, we provide advice on virtually every aspect of employer-employee relations, from compliance with wage and hour laws to defense of employee charges of company misconduct.

We have also assisted our clients in preparing for grand jury investigations, drafting and implementing personnel policies, and complying with government requests for sensitive corporate records. Our government contracts knowledge allows us to handle employment matters for government contractors in both the security classified and non-classified areas, as well as providing counseling and representation in federal labor law such as affirmative action, Fair Labor Standards Act, and Service Contract Act matters. We also have significant depth in the retail industry where we handle both employment and business litigation for national retailers. Our work with unionized employers gives us the ability to understand the complexities of employee claims subject to collective bargaining agreements.

The depth and breadth of our employment law experience allows us to offer the same quality of representation usually expected from much larger law firms, while our relatively small size enables us to maintain highly competitive rates and a more direct and personal relationship with our clients.

Rogers Joseph O'Donnell attorneys have lectured widely on issues as diverse as employer liability in qui tam suits, compliance with new federal and state workplace regulations, and prevention of discrimination and harassment suits. We regularly contribute to publications that provide practical and legal advice to California employers.

Employment Issues Workshops

Rogers Joseph O'Donnell's Employment Practice Group is offering a seminar on "How to Conduct an Effective Investigation." If you are interested in having our attorneys present this informative seminar at your business, please contact us.

Landmark Employment Decisions

JOHN SILVA, Plaintiff and Appellant, v. LUCKY STORES, 65 Cal. App. 4th 256
Text of Decision -- PDF || HTML

Representative Cases and Issues
  • Defense verdict for national retailer after four-week state court jury trial on retaliation claim for termination after reporting sexual harassment
  • Counseling and defense of a large Bay Area public entity in age, race, and sex discrimination lawsuits
  • Defense verdict on behalf of employer and individual employee after two-week federal court trial on race discrimination and harassment claim
  • Dismissal of race discrimination class action against national retailer and defense verdict in state court jury trial of lead plaintiff on individual claims of race discrimination
  • Representation of a large defense contractor in lengthy jury trial involving allegations of retaliation for whistle-blowing
  • Defense of a Fortune 500 corporation in a wrongful termination and age discrimination suit brought by 27 former employees
  • Negotiation of severance packages for management employees terminated or laid-off due to reductions in force
  • Summary judgment defense of a large retailer in a wrongful termination and age discrimination case involving a management employee of 28 years.
  • Representation of corporate employers in statistical class-action discrimination cases
  • Dismissal of ADA knee injury claim brought in federal court by union employee
  • Successful defense of an age and race discrimination case brought by a long-term employee against a large retail employer
  • Negotiation and favorable resolution of a sexual harassment and sex discrimination case brought by a female employee against her supervisor and employer
  • Investigation and resolution of sexual harassment charges brought by an employee of a professional partnership
  • Negotiation and settlement of age discrimination charges by a former account executive for a national medical products manufacturer
  • Successful defense of ADA lifting restriction case brought by unionized employee against large retail employer
  • Advice to an out-of-state corporation regarding restrictions in employment contracts on competition and use of trade secrets
  • Advice to a corporate employer regarding defense and indemnity of supervisory employees accused of wrongful conduct and the extent of "course and scope of employment" analysis
  • Negotiation of separation and consulting agreement for a senior officer in a high technology company involving non-competition and non-solicitation issues
  • Summary judgment defense of a retail chain in a constructive wrongful discharge, sex discrimination, assault and sexual harassment case brought by a female employee against her supervisor and employer
  • Successful defense of one of the largest privately-held engineering companies in jury trial of sexual harassment claim

References available upon request.

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Employment Publications


Attorneys
Renée D. Wasserman (chair)
Tyson Arbuthnot
Michelle L. Baker
Suzanne M. Mellard
Alexis J. Morris
Aaron P. Silberman