Employment

Our San Jose, California employment attorneys at Gates Eisenhart Dawson apply decades of experience in labor and employment law in assisting employees and employers who need legal representation.

We have a long history of obtaining successful results for employees in wrongful termination, retaliation, and wage and hour cases. Building on that tradition of success, we provide a unique and valuable perspective when representing employers and small businesses facing a legal claim or employment issue.

Our extensive knowledge of employment law allows us to effectively represent clients in both trial and appellate courts, as well as before administrative bodies such as the state Labor Commissioner’s Office. Our small business clients also find significant value in our litigation-avoidance advice and compliance audits.

In the employment arena, we represent both employers and employees in a wide range of disputes, including: wage and hour issues, wrongful termination, discrimination, retaliation, fraud, breach of contract, and EDD benefits claims. Our extensive experience in employment matters includes representing clients in State and federal trial courts, appellate courts, and binding arbitration, as well as administrative hearings with the DLSE, EDD and CalPERS.

Based in Silicon Valley, our employment practice extends throughout California and to other jurisdictions in select matters.

Representative Cases

Obtained one of the largest settlements of its kind for a female high-tech executive in a glass-ceiling discrimination case.

Represented many employers in wage and hour, EDD benefits, and wrongful terminations claims. Our attorneys successfully appealed grant of unemployment benefits in a case where an employee was fired for misconduct.

Represented a retired fireman against the local municipality in a lawsuit related to a broad denial of his retirement benefits, including sick pay cash out, medical premium reimbursements, CalPERS benefits, and more. In the end, the municipality settled, providing the fireman all of the above and more, including significant tort damages.

Assumed representation of a disability discrimination plaintiff’s case against a well-known employer. Previous counsel withdrew from the case when the client thought a $15k settlement was too low. After vigorous litigation, including fighting back the employer’s summary judgment motion and more, we obtained a $400k settlement for our client.

Represented a C-level executive working for a foreign privately-held corporation in a reverse discrimination and retaliation wrongful termination lawsuit. The matter was decided in binding arbitration in favor of the plaintiff, awarding client significant damages and an entitlement to prevailing party attorneys’ fees.

Represented an employee suing for retaliation based upon her offering deposition testimony favorable to a discrimination lawsuit plaintiff in an unrelated matter. We successfully opposed employer’s attempts to compel the dispute to binding arbitration, leading to settlement.

Represented an employee in a wrongful termination lawsuit based upon breach of an implied employment contract. The employee turned away a $20k severance offer in favor of filing suit and won a settlement almost ten times that amount.

See below for more information about our employment practice. Contact GED to discuss how we may be of service in your employment matter.

Contract Claims

A breach of contract occurs when one party (either the employer or employee) fails to fulfill the obligations outlined in the employment agreement. When this happens, one or both parties may want to have the contract enforced and seek damages for the… Read More

Discrimination & Harassment

It is unlawful for any employer to harass an employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The laws protecting… Read More

Employer Audits & Counseling

Our firm offers small and mid-size businesses a host of services to assist in human relations and employee operations, audit employer compliance practices, and counsel employers in practical ways to mitigate and prevent the risks associated with empl… Read More

Employment Development Department Claims

It is not uncommon for an employee to be discharged, or even forced to quit, and be denied EDD (unemployment) benefits. The initial denial is subject to an automatic appeal before an administrative law judge. For the employee, it is important to time… Read More

Leave of Absence

Under the FMLA, employees — men and women — have the right, under certain circumstances, to medical and pregnancy leaves of absence without fear of retaliation. Our firm has represented employees in obtaining such leave. We have also represented… Read More

Unfair Competition

Employers are prohibited from engaging in “unfair competition.” This term has been broadly construed to prohibit many types of activities, including the following, under certain circumstances: competitive acts by current employees breach of fidu… Read More

Wage & Hour Claims

Employees are generally categorized as either exempt or non-exempt from the wage and hour laws, although even non-exempt employees have a number of rights, including, for example, the right to receive “prompt pay” upon resignation or discharge. W… Read More

Wrongful Termination

Although employment contracts are generally terminable at will, California courts recognize a narrow exception to this rule where an employer’s reason for termination violates public policy. Despite an employment contract that allows for terminatio… Read More