The Invaluable Services We Provide to California Employers.
Sherman Law Corporation provides the following services to its clients:
Anyone can file a lawsuit, even if it has no merit whatsoever. Unfortunately, employment-related litigation continues to fill California's Court dockets, so much so, that it has become a cost of doing business. Our experienced litigators know how to get to the heart of a matter, strategically navigating California's employee-friendly laws and uneven playing field to agressively represent their clients who do not -- and should not -- succumb to extortionous demands. Visit our Employment Litigation and Legal Action page to learn more about California's legal landscape for employers, our philosophy and our strategic, lean representation model.
Seeking counseling and guidance on how to proceed on day-to-day workplace issues early and often always pays back in spades for employers. We work behind the scenes to not only to help our clients decide how to proceed with a particular employment matter, but we also help document and ghostwrite carefully-worded communications that employers can then rely upon, if challenged, which is critically important to defend any employment-related legal action. By retaining us early, our discussions are not only protected by the attorney-client privilege, but we can correct unknown violations, and craft solutions to minimize potential liability. For more information on our transactional advice practice, please visit our Counseling on Everyday Workplace Issues page.
Employers are required by law to conduct prompt, thorough and independent investigations of various employment-related claims, such as, discrimination, harassment, and retaliation. If the investigation is done right, employers are rewarded by disallowing or limiting employees' recovery, for example, in harassment claims. If the investigation is non-compliant in any manner, the inadequacy of the investigation may create employer liability. And even where workplace investigations are not explicitly required by law, any challenged employment action will be analyzed under a microscope. Therefore, the propriety of the challenged employment action will only withstand scrutiny if the persons, processes, evidence, findings and documentation are bullet proof from attack. Internally-conducted workplace investigations that are not conducted or directed by experienced trained workplace attorney investigators are most vulnerable to attack. Often times, even where the employment action was taken for legitimate and non-discriminatory reasons, if the investigatory process was deficient in any way, the employer will likely be required to defend its actions, or inactions, before a jury. For more information on conducting legally-compliant workplace investigations that will withstand legal scrutiny, we invite you to visit our Workplace Investigations page.
Compliance audits have never been more important for California employers as employment-related litigation continues to soar; electronic data is not disappearing anytime soon; and California's legislature is expected to increase regulation on California-based employers to counteract President Trump's anticipated pro-employer federal legislation. California's employment-related laws are numerous, complex, and often times inadvertently violated by California employers resulting in significant employer liability, regardless of their intent or ignorance of the laws. Compliance audits are conducted under the attorney-client privilege which means that all communications with counsel are protected from disclosure if legal action follows regarding any of the matters investigated as part of the audit. Compliance corrections are often quickly evaluated and easily fixed. For more information on attorney-client privileged employer compliance audits, we invite you to visit our Compliance page.
The most under-utilized, cost-effective method to improve compliance, increase pre-litigation resolution of employment-related disputes, and enhance an employer’s defenses, is to retain Sherman Law Corporation to customize training programs tailored to your workplace. Sharing our own litigation experiences together with recent California judicial decisions, including, large verdicts imposing personal liability, cause every participant to stop and reflect on their own prior conduct, actions and inactions. We customize our trainings to address known, improperly handled employment-related matters that occurred in your workplace and reenact common fact patterns that they are likely to encounter. By analyzing with the participants the actions/inactions of all pertinent parties involved before, during and after actual events that were litigated enable each of them to fully understand and retain the takeaway lessons. Supervisors and employees are not only better equipped to spot, report and respond to employment issues in compliance with Company policies, but we have seen for ourselves a decrease in employment-related litigation, increased morale and productivity, and when participants do seek legal action for unreported claims, the training becomes a powerful defense that has far greater impact than an on-line certificate of completion. For more information on our training programs, please visit our Training and Teaching page.
Of the 930 bills the California legislature sent to Governor Ed Brown in 2015, Governor Brown signed 800 (i.e. 86%) of them. Our tag line, “Because the workplace is complex enough,” arose from the deluge of California laws, ordinances, requirements, rules, court decisions and the ever expanding obligations for employers in the California workplace, who are also burdened with preserving and protecting the increasing volume and complexity of their electronically stored information. Updating workplaces policies, handbooks, stand-alone agreements, certifications, forms, acknowledgments and implementation of processes and procedures, to legally comply, as well as, protect and preserve Company information has never been more important for California employers. For more information on updating your policies, processes and procedures, we invite you to visit our Workplace Policies and Processes page.