As your attorney, I can represent you not only in courtroom litigation, but also in a variety of pre-litigation and alternative forums. The process begins simply with a conversation about your situation. From there we’ll discuss whether or not you need legal representation and the various avenues available if you do. At each step, we’ll talk about the strengths and weaknesses of different strategies, as well as the actual and potential costs associated with both. Importantly, you will be actively involved in the decisions affecting your case.

What follows are links to brief descriptions of the different legal forums that may be available to you.

• Employee Counseling/Individual Advocacy Plans
• Pre-Litigation Negotiation & Mediation
• Administrative Agency Complaints
• Arbitration
• Litigation on Behalf of Individual Employees
• Public Employee Representation
• Class Action Litigation
• Employer Counseling

EMPLOYEE COUNSELING/INDIVIDUAL ADVOCACY PLANS
For current employees, suing your employer is not the only - or sometimes even the best - option. Often, you are your own best advocate, and there are many strategies that can be used to address a workplace problem before it rises to the level of engaging the formal legal process. This is especially true if you act early, when you know that there’s “something wrong,” but aren’t sure how to keep the situation from getting worse. In some instances, you may not have an actual or potential legal claim, but simply want help to figure out how to best engage in effective workplace problem solving.

Common situations that can benefit from counseling include:

• When you feel that you’re being unfairly targeted or treated by a manager, supervisor or co-workers;

• If you are a long time employee, and have a new manager or supervisor who you feel doesn’t value you, doesn’t understand the work you do, or is threatened by your experience and knowledge;

• When you’ve received poor performance evaluations that you are concerned can lead to disciplinary action, but that you feel don’t accurately reflect your performance or raise unreasonable expectations;

• Proposed changes to your working conditions, such as schedule and pay changes, changes to your job duties, and Performance Improvement Plans that you feel adversely impact your work life;

• If you’ve recently suffered an injury, developed a physical or medical condition or disability, or have personal-life issues that impact your ability to perform your job duties;

• If you think your employer isn’t complying with the law – unintentionally – but you’re afraid that if you say anything, you’ll make yourself out to be a “troublemaker”.

In these and many other situations, I can help you develop an Individual Advocacy Plan. In most cases, an Individual Advocacy Plan can be developed in just a few hours, and for a fraction of the cost of litigation, unpaid suspension, termination, or resignation.

The goal of an Individual Advocacy Plan is first and foremost effective problem-solving. “Effective” problem solving means more than just resolving a particular issue – it also includes accurately assessing the situation and the individuals involved, articulating the problem to avoid damaging workplace relationships or creating confrontations, creating strategies for how to talk to and negotiate with your employer, anticipating how your employer may respond, and developing concrete steps you can take to achieve specific goals.

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PRE-LITIGATION NEGOTIATION & MEDIATION
I believe that if you have an individual legal claim, the first step is always to attempt to resolve your claim without filing a lawsuit or other formal complaint. Pre-litigation negotiation involves, in most cases, drafting a letter to your employer laying out your legal claims, the events and actions that give rise to them, and making a settlement demand. In other words, we will invite your employer take the opportunity to responsibly settle your claims without the need to go to court. Creating the opportunity for pre-litigation settlement serves two main purposes. First, it provides a cost and time-efficient means for settling your claims. And second, making the offer to settle your claims prior to filing a lawsuit or other complaint establishes that you are a reasonable person, interested in obtaining a fair and just result for yourself.

Not all employers will take this opportunity, but some will. If your employer is wise and willing, then there are generally two paths to pre-litigation settlement:

• Informal "Self-Mediation" – self-mediation involves me, acting as your attorney, negotiating a settlement directly with your employer’s attorney.
• Formal Mediation – formal mediation involves the use of a neutral, third-party professional mediator.

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ADMINISTRATIVE AGENCY COMPLAINTS
An alternative to filing a lawsuit is to use the complaint processes of state and federal public agencies, such as the Equal Employment Opportunity Commission, the California Department of Employment and Housing, and the California Division of Labor Standards Enforcement. In some cases, resolving your claims by using an agency complaint procedure can be a cost-effective solution.

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ARBITRATION
Arbitration is another alternative to litigation in the courts. In short, arbitration involves a mini-trial, whereby an arbitrator, acting as a private judge, makes a final and often non-appealable decision. In recent years, many employers have begun requiring their employees to sign mandatory arbitration agreements as a condition of employment. Often, arbitration agreements come in the form of clauses in employee contracts, handbooks, and policy manuals. I can help you determine whether or not your claims are subject to a valid arbitration agreement, and if so, represent you in the arbitration itself.

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LITIGATION ON BEHALF OF INDIVIDUAL EMPLOYEES
Even the best efforts at negotiation and mediation can fail to persuade some employers to do the right thing. That’s what the courts are for. I will help you evaluate whether or not filing a lawsuit is in your best interests, and if so, will represent you aggressively and efficiently throughout the litigation, making sure that you understand the process each step of the way.

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PUBLIC EMPLOYEE REPRESENTATION
If you work for a public agency, be it a local, state, or federal government, you are entitled to (and required to use) special dispute resolution procedures before filing a lawsuit. I am experienced at representing public employees at each step of the agency process, and can help you navigate the often complicated, agency-specific requirements – both as a means of dispute resolution and, if that fails, as a prelude to litigation.

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CLASS ACTION LITIGATION
In some cases, you are not the only person in your workplace not being paid overtime wages, being discriminated against, or being harassed. Where appropriate, I can represent you along with your co-workers as a “class” of employees, resolving your claims along with those of the class at once.

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EMPLOYER COUNSELING
I do not represent employers in litigation. However, if you’re an employer who is seeking to achieve compliance with California's complicated labor and employment laws, I can help you ensure that you and your managers are properly trained and assist your business to implement effective compliance programs. Employer counseling includes advising you regarding compliance with:

• Local, state and federal wage and hour laws, including municipal minimum wage requirements and the California wage orders;

• Health and safety regulations, medial and family leave, including the Family and Medical Leave Act, the California Family Medical Leave Act and California Maternity Leave laws, as well as the new San Francisco Paid Sick Leave and Health Care Security Ordinances;

• California sexual harassment training requirements and state and federal anti-discrimination laws.

In addition, as a plaintiff’s attorney with a background in labor relations, I can offer your business a unique perspective on developing employee handbooks that your employees will actually read and understand, as well as internal dispute resolution procedures aimed at avoiding litigation and keeping your workforce happy and productive.

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