An employment lawsuit requires a business to account for what happened at work and what it paid. Rosenberger + Kawabata defends California employers against wage and hour claims, harassment and discrimination allegations, retaliation claims, and wrongful termination lawsuits.
We compare the allegations with payroll records, workplace communications, and witness accounts. A demand may combine unpaid wages with claimed lost earnings, emotional distress, penalties, and attorney’s fees. Each category needs its own analysis. We give the business a view of the evidence and likely exposure before recommending litigation or settlement.
Our business litigation practice also addresses breach of contract disputes over employment agreements and trade secret litigation arising from employee departures.
Defending the case while the business keeps operating
We identify the people and records needed to respond, assess applicable insurance, and plan discovery around disputed events. Where the evidence supports an early motion, we pursue it. Where witnesses disagree, we prepare to test those accounts at deposition and trial. Settlement advice includes the cost of continued litigation and the terms needed to resolve the claims, including any required court approval.
How do you evaluate a California wage and hour claim?
We compare the employee’s claimed hours and pay with the employer’s records, then apply the rules governing that work. California wage and hour disputes can involve overtime, meal and rest periods, wage statements, or final pay. The applicable wage order, job duties, and work location can affect the analysis. Payroll records are a starting point, but they don’t necessarily establish every hour worked or whether required breaks were provided. We also review schedules and workplace communications and ask how time was recorded. If records are incomplete, we assess the employee’s evidence and the employer’s ability to respond. Claimed penalties require separate review of the conditions for each remedy. We then prepare a damages analysis that identifies disputed assumptions and the evidence needed to resolve them. That gives the employer a basis for deciding whether to contest the claim, pursue settlement, or take corrective action.
Does an arbitration agreement resolve the lawsuit?
No. An enforceable agreement may affect where some claims are heard, but it doesn’t decide their merits. Coverage, enforceability, and exceptions need review. Claims involving sexual harassment or sexual assault can raise separate federal restrictions. We assess the agreement against the actual allegations before recommending a motion to compel arbitration.
Discuss your dispute
If your business faces an employment demand or lawsuit in California, call (310) 894-6921 or contact us to discuss the allegations and response deadlines.