Employment Litigation

Berliner Cohen’s employment trial attorneys have represented clients in federal and state courts throughout California.  The attorneys in the group have compiled an impressive record of obtaining favorable court rulings on motions to dismiss and for summary judgment, jury trial verdicts, and appeals.  Berliner Cohen’s employment group has successfully represented employers in many types of cases, including discrimination, wrongful termination, individual and class action wage and hour claims, recovery of misappropriated information and funds, and civil rights litigation.

Representative cases

  • Griffith v. Loral Space & Range Systems, Inc., U.S. District Court, Eastern District of California

    • Obtained defense summary judgment on claims of breach of contract; obtained jury verdict on behalf of defendant on remaining claim of race discrimination following a five day jury trial
  • Allivato v. New Directions Sign Service and Cindy Chavez, Santa Clara County Superior Court.

    • Obtained jury verdict following a five-day trial on behalf of an employer against a former employee for unfair competition and in favor of the employer on a cross-complaint for wrongful termination
  • Abbate v. Espinosa, et al., County of Santa Clara (Department of Corrections), Santa Clara County Superior Court.

    • Obtained judgment of dismissal that was upheld on appeal (unpublished) in favor of County of Santa Clara and three County employees on claims of deprivation of due process and defamation brought by an employee who had been disciplined by the employer for sexual harassment of his female co-employees
  • Curtis v. ESL Inc. and TRW Inc., Santa Clara County Superior Court.

    • Obtained summary judgment (upheld on appeal in an unpublished decision) for employer and manager on employee’s claim of defamation
  • Piper v. City of San Jose, Santa Clara County Superior Court.

    • Represented group of twelve captains in the San Jose Fire Department who intervened in a “reverse” discrimination case to uphold the validity of the City of San Jose’s promotional examination; successfully obtained judgment following close of plaintiff’s case after five days of court trial
  • Salvia v. Mariani’s Inn and Restaurant

    • Represented defendant in a wage and employee classification matter; Plaintiff was classified as an exempt employee and contended that he did not meet the supervisory exemption and therefore was entitled to overtime wages; Defendant introduced evidence upon cross-examination of plaintiff witnesses to refute plaintiff’s claim that he was non-exempt; case settled within the first week of trial
  • Represented various clients in DLSE claims for unpaid overtime and wages; matters resolved by confidential settlement
  • Represented various clients in State and Federal court discrimination, harassment and retaliation cases; matters resolved by confidential settlement
  • Represented clients in investigations by California State and Federal agencies, including Cal-OSHA, DFEH, EEOC and U.S. Department of Labor

For more information, please contact Roberta Hayashi at roberta.hayashi@berliner.com.

Attorneys

  • Kara L. Arguello
  • Lisa L. Gorecki
  • Roberta S. Hayashi
  • Christine H. Long
  • Kate Wilson

Articles

  • Employment Law Alert – IRS 409A’s Impact on Severance or Deferred Comp
  • Employment Law Alert – Cobra Subsidy and Unemployment Insurance Laws Further Expanded/Extended
  • Employment Law Alert – Employers Can Require “Tip Pools” - Risk Litigation
  • Contractor or Employee? – Legal Pitfalls in Worker Classification
  • Employment Law Alert – “Virtual” Discriminatory Harassment
  • Employment Law Alert – Congress Enacts New Anti-Discrimination Law
  • Employment Law Alert – What Employers Should Know About the Health Care Reform Legislation
  • Restructuring and Resizing the Workforce: Legal Issues for the California Employer
  • Employment Law Alert – Senate Extends Cobra Subsidy and Unemployment Insurance
  • Employment Law Alert – Unemployment Insurance Expanded and Extended But Not Cobra Subsidy
  • Unintended Consequences: The Lilly Ledbetter Fair Pay Act and Document Retention
  • Employment Law Alert – What Every Employer Should Know About Utilizing Interns
  • 2011 Berliner Cohen Employer Update
  • Employment Law Alert - New California Law Requires Written Commission Agreements
  • Employment Law Alert – CA Supreme Court Strikes Down Arbitration Agreement
  • Employment Law Alert – CA Supreme Court Weakens Chances for Early Dismissal of Discrimination
  • Employment Law Alert – U.S. Supreme Court Expands Who Can Sue for Retaliation under Title VII
  • 2010 California Employer Update
  • Employment Law Alert – Stimulus Package Adds New Employer Notification Obligations under COBRA
  • Employment Law Alert – Employers Should Take Steps Now to Prepare for Flu Season

News

  • Berliner Cohen Partner Quoted in “End of ‘08 Brought Bonus for Some”
  • Business Journal Honors Berliner Cohen Attorney as Woman of Influence
  • Roberta Hayashi Quoted In “Getting Things Done” on New Superior Court Presiding Judge
  • Berliner Cohen Attorneys Present at SHRM California Legislative Conference
  • Bar Association Honors Berliner Cohen Partner
  • Berliner Cohen Partner Selected to Lead ExecSense “Advising on Virtual Sexual Harassment” Webinar
  • Berliner Cohen Attorneys Author BNA White Paper on Restructuring Workforce
  • Berliner Cohen Offers Upcoming “Recognizing and Preventing Sexual Harassment” Seminars
  • Berliner Cohen Presents Employment Seminar on Managing Performance
  • California Employers Required to Post New Workers’ Comp Notice
  • Launch Your Employment Law Audit Today
  • Berliner Cohen Announces 2009 Training Schedule for Preventing Sexual Harassment Compliance
  • Berliner Cohen Offers Compliance Training for “Recognizing & Preventing Sexual Harassment”
  • PLI Taps Berliner Cohen Associate for Advisory Group
  • Roberta Hayashi Quoted in Biz Journal’s Cisco Potential Retirement Buyout

Events

  • Restructuring, Resizing and Riding Out Tough Economic Times - Merced
  • Restructuring, Resizing and Riding Out Tough Economic Times - San Jose
  • Search Warrants and Government Subpoenas: What Every Employer Should Know - Merced
  • Search Warrants and Government Subpoenas: What Every Employer Should Know - San Jose
  • Recognizing and Preventing Sexual Harassment – Merced
  • Recognizing and Preventing Sexual Harassment – San Jose
  • Recognizing and Preventing Sexual Harassment - San Jose
  • Recognizing and Preventing Sexual Harassment – Merced
  • Recognizing and Preventing Sexual Harassment – San Jose
  • Recognizing and Preventing Sexual Harassment - San Jose
  • Recognizing and Preventing Sexual Harassment - San Jose
  • Handling Information Requests from Government Agencies - Businesses’ Rights & Obligations
  • Workplace Crime – Legal Pitfalls and Protections for Employers
  • Managing Risks In a Down Economy
  • Pitfalls & Protections of Document Retention Policies - San Jose
  • Pitfalls & Protections of Document Retention Policies - Merced
  • Berliner Cohen Attorneys Are Presenters at NCHRA’s HR West Annual Conference
  • Recognizing and Preventing Sexual Harassment 2010 - San Jose
  • Recognizing and Preventing Sexual Harassment 2010 - Merced
  • Recognizing and Preventing Sexual Harassment - December 2010 - Merced
  • Managing Performance: Policy Pitfalls and How to Avoid Them - San Jose
  • Managing Performance: Policy Pitfalls and How to Avoid Them - Merced
  • Recognizing and Preventing Sexual Harassment Seminars - December 2010 - San Jose
  • Recognizing and Preventing Sexual Harassment Seminars - September 2010 - Merced
  • Recognizing and Preventing Sexual Harassment Seminars - September 2010 - San Jose
  • Berliner Cohen Attorneys Speak at 2011 HR West
  • 2011 California Employer Update - A Seminar for all HR Professionals - San Jose
  • 2011 California Employer Update - A Seminar for all HR Professionals - Merced
  • Berliner Cohen Employment Attorneys Present Update at CCHRA
  • Berliner Cohen Attorneys Present at 2011 SHRM Annual Conference
  • Berliner Cohen Attorneys Offer Session at SHRM California Employment Law Conference
  • 2012 California Employer Update Seminar - Register for January Seminar-San Jose
  • Berliner Cohen Offers “Recognizing & Preventing Sexual Harassment”-2011 Compliance Year
  • Berliner Cohen Offers Jury-Style “Recognizing & Preventing Sexual Harassment” Training
  • Hiring Practices that Comply with the Law: Good Processes for Good Hires - San Jose
  • 2010 Californa Employer Update - Merced
  • PABA Holds Ethics Seminar on “Conflicts of Interest and the Client Relationship”
  • 2009 California Employer Update - San Jose
  • Berliner Cohen Attorney Speaks at SCCBA Sexual Harassment Mock Trial Seminar
  • Hiring Practices that Comply with the Law: Good Processes for Good Hires - Merced
  • From Planting to Processing: Best Practices for Agricultural Employers to Avoid Employment Liability
  • Berliner Cohen Offers “Recognizing & Preventing Sexual Harassment” - This is Compliance Year
  • 2010 California Employer Update - San Jose
  • 2012 California Employer Update Seminar - Register for January Seminar-Merced
  • ADA Access – Viewing Your Business from the Outside - San Jose
  • Berliner Cohen Offers Compliance Training for “Recognizing & Preventing Sexual Harassment”
  • Berliner Cohen Attorneys Present Top 12 Employment Laws at Club Auto Sport Open Door Series