52% of all California Employers will Face Employment-Related Claims. Is Your Company Prepared? Are You Sure?
It is not a matter of if but when a California employer will be sued for violations of employment laws, even if the employer is just a sole proprietor who hires one employee or independent contractor to perform work for them.
A recent study reported that California-based Companies face a 52% chance that they will be hit with an employment-related claim—significantly higher than the approximately 12% national average for small and medium sized businesses. This means that on average 1 out of every 2 California employers will encounter at least one employment-related claim by their current or former workers.
Unfortunately, California employers are at a significant disadvantage because California's legislators from the state to the local level not only continue to pass the most-employee friendly laws in the United States at a feverish pace, but the coverage, restrictions, and penalties imposed on California employers each legislative session are increasing in scope and complexity. As a result, California employers whose adverse employment actions were based on legitimate, non-discriminatory or retaliatory reasons may still face liability for unintentionally violating other California employment laws that they did not even know existed. Not to mention, it takes years to litigate in an overburdened court system that provides little recourse for the employer. If the employer loses on just one claim that provides for the automatic recovery of attorneys' fees, the employer will be required to pay the employee's attorneys' fees in addition to its own.
This sounds pretty dismal and unfair, doesn't it? Regrettably, the stakes are high for California employers, but this by no means employers should just surrender. This is precisely why it is critical to retain experienced employment counsel to strategically navigate your Company through California's treacherous laws and legal system.
Collaborative Service by an Experienced Employer Defense Lawyer
Now that you understand the importance of retaining experienced employment counsel to represent your Company, let us share with you our experience and philosophy. Sherman Law Corporation has over twenty years of experience representing both employers and employees in just about every type of workplace issue. As experienced litigators, we understand that California employment laws are not fair and the playing field is not level, but we also understand how to leverage employers' defenses to not just cost-effectively defend and protect your business but also aggressively seek recovery from employees and/or their counsel when the laws and circumstances permit it. While no one benefits from drawn-out, financially draining court battles, as soon as we have sufficient evidence that an employee's claims are not warranted by the facts and/or the law, and/or the employee engaged in unlawful conduct, it requires a strong offensive which also serves the additional purpose of sending a message to your other employees, all of whom will be watching closely. We have a long history of winning motions to dismiss employees' claims, in whole or in part, before trial; launching offensives that cause the opposing party to voluntarily dismiss their lawsuit(s) for a nominal or even non-monetary resolution; and prevailing on motions seeking recovery of our clients' attorneys' fees, costs and other types of non-monetary sanctions against employees and/or their counsel.
Prior to starting Sherman Law Corporation, Lisa Sherman served as Corporate Counsel at a multi-million dollar corporation with offices in several states, employing several hundred employees. In Ms. Sherman's role, she retained outside counsel to represent the Company; she was in effect the "client." In exercising her fiduciary duty to the Company, Ms. Sherman approved, or in many cases, disapproved the bills submitted to her by outside counsel. The lack of personal attention, responsiveness, and strategically targeted actions tailored to the particular facts and laws involved, coupled with inflated billing, over-staffing, and cookie-cutter mediocre work product were the driving forces that caused her to start her own law firm.
We provide personal attention; we listen to your stated goals; and yes, we manage your expectations throughout the process. We will comprehensively analyze the facts and the law and provide you with unfiltered risk/benefit analysis based on all of the known information, the current state of the law and our own past experiences. Once an initial plan has been approved, more often than not, circumstances will change, additional information will be learned, and unanticipated issues are likely to arise. As litigators, we are prepared to adapt and adjust our strategic plan throughout our representation partnering with you every step of the way.
Your Company's Employment Matters Become Our Problem to Solve
We understand the highly emotional feelings and financial fears that our clients experience each time an employment issue arises in the workplace. Your Company's employment matters become ours to solve. Sometimes the process takes time, but we stay by your side to champion your position, doing everything we can to minimize disruption of your operations and alleviate your stress. Partnering with our clients to reach cost-effective resolutions while providing personal attention is the most gratifying part of our practice.
Why Sherman Law Corporation? Because the Workplace is Complex Enough...
An initial consultation will cost you nothing. Why not give us a call today at (424) 249-3631 to discuss your employment matters? You have nothing to lose! Talk to an employer defense lawyer today.