Visalia Employment Attorney
Even though California is an at-will employment state, many employers may still need to navigate the state’s complex labor and employment regulations. Hiring a Visalia employment lawyer as your defense attorney is a smart move. At Fishman, Larsen & Callister, our attorneys are dedicated to helping employers comply with the law and protect their organizations from expensive disputes and litigation.
Our team can provide strategic guidance and legal representation to ensure your business can continue to operate efficiently and within the law. We represent employers in matters including:
Wrongful Termination Claims
Employers can face wrongful termination claims for many reasons. Some of the most common are violations of an employment contract, or they were fired for illegal reasons, such as reporting harassment or unsafe working conditions. Even with at-will employees, terminating an employee is not always unlawful. Our team provides support to employers in managing such claims. We focus on both the contractual terms and statutory compliance.
Safety Violations and OSHA Compliance
Employers are required to ensure their workspace is safe according to OSHA regulations. Legal protections shield employees who report safety violations from retaliation. Our attorneys can help employers address workplace safety issues, respond to OSHA violations, and document their compliance to reduce future penalties and lawsuits.
Wage and Hour Disputes
Visalia’s economy is largely driven by food service, retail, and agriculture, with 11.1% of employees in the area being in the transportation and material moving industry. Because these industries employ a significant number of hourly workers, they often experience a higher risk of wage and hour violations, which can include allegations of:
Unpaid overtime
Wage underpayment
Improper employee classification
Denied breaks
Forty-six percent of workers have alleged that they have experienced one serious violation of the Fair Labor Standards Act, which means employers will frequently encounter wage and hour claims. Maintaining meticulous records is important for demonstrating that your business is complying with regulations. Our attorneys can offer strategic compliance advice and documentation support to help businesses fight these claims.
Discrimination Claims
It is against the law to discriminate against someone due to protected characteristics such as race, sex, religion, national origin, age, or disability status. Discrimination lawsuits can happen during hiring, promotions, job changes, or terminations. Our firm can help employers defend against these claims by promoting fair and equal treatment for all employees and establishing effective policies to reduce any risks.
Sexual Harassment Claims
Employers can face legal and reputational risks from sexual harassment claims. Unwanted behaviors like inappropriate jokes, physical advances, or favoritism can constitute harassment. It is important for businesses to act quickly and effectively to prevent and resolve these issues when they arise. We can assist companies in investigating and resolving harassment claims, as well as helping them to adhere to all federal and California laws.
Breach of Contract Claims
Breach of contract claims may happen when one party in a contract allegedly fails to live up to their end of the agreement. When defending against these claims, affirmative defenses are typically used. This can include arguing that no valid contract existed, the employee failed to meet their obligations, or that unforeseen circumstances made fulfilling the contract impossible.
Other Employment Law Issues Our Firm Can Handle
At Fishman, Larsen & Callister, our team can provide comprehensive support for other employment law issues, including:
Whistleblower claims
Workplace injuries
California CRD complaints and federal EEOC charges
Employee theft and trade secret infringement
Family and Medical Leave Act (FMLA) disputes
Defending Against Employment Claims
Employment litigation can threaten your business. To protect it, you need a robust defense. Our team can achieve this through meticulous investigation, in-depth legal analysis, and strategic negotiation or litigation. Our main priority is to swiftly resolve the dispute while protecting your business interests and market standing.
Your Initial Defense Strategy: Early Case Assessmen
Defending against employment claims typically begins with a rigorous evaluation of the case’s strengths and weaknesses. Our attorneys can conduct thorough investigations to uncover all the essential facts and evidence. Making these assessments early is important for fully understanding employees’ claims and identifying potential defenses, all while taking a proactive approach from the beginning. Our meticulous review includes:
Employment policies
Personnel files
Performance evaluations
Disciplinary records
Any other relevant communications
Strategic Defense: Protecting Your Business
We are able to craft tailored defense strategies rooted in your business objectives. Our proactive approach employs targeted tactics so we can work towards optimal outcomes while still prioritizing cost-efficiency and minimizing the disruption to your business.
Our experience lies in pinpointing procedural and substantive flaws in employees’ cases, which usually leads to early dismissals. Some situations might call for a settlement, so we can engage in negotiations and alternative dispute resolution strategies like mediation. Sometimes trials will be unavoidable, but our seasoned attorneys can fiercely defend your business interests.
Proactive Prevention: Mitigating Future Risk
Preventive measures are the most effective defense against employment litigation. When your business prioritizes compliance and cultivating positive workplace relationships, you can significantly reduce litigation risks.
Our Visalia legal team partners with businesses to establish customized, comprehensive compliance programs. We can draft clear employment policies, employee handbooks, and targeted training to proactively prevent discrimination, harassment, and other workplace disputes. When your managers and supervisors are consistently trained on proper documentation and employee issue resolution, it is less likely that employment law disputes will arise. Regular legal audits of your employment practices can also help identify and address potential weaknesses before they escalate into claims.
We can meticulously review employee classification, wage and hour practices, performance management systems, and termination procedures to help your business adhere to all current regulations. It is of utmost importance to stay on top of the ever-changing employment laws, especially in states like California, as the state’s employment laws are notoriously complex and heavily favor employees.
Reach Out to a Knowledgeable Employment Lawyer
At Fishman, Larsen & Callister, our deep understanding of California’s complex labor laws allows us to strategically and effectively defend your business. We are committed to providing proactive counsel and strong advocacy throughout the entire legal process. Contact us today to discuss how we can assist you in maintaining a legally sound and productive workplace.