Employment Law

The modern workplace is a complex legal environment, subject to a myriad of state and federal rules and regulations. Employment disputes can be particularly unsettling and personal, and cogent employment advice requires more than knowledge of the law. McManis Faulkner attorneys work closely with clients to understand their businesses and challenges, and counsel them on everything from day-to-day human resources issues to employment litigation.

Our decades of practicing in all areas of employment law have skilled us to anticipate and effectively prepare for the opposition's arguments, resulting in the successful resolution of matters that include discrimination, wrongful termination, sexual harassment, trade secret litigation and whistle blowing. McManis Faulkner clients come from a wide variety of industries -- technology, gaming and hospitality, real estate, retail, restaurants and healthcare, to name a few.

Our role isn’t limited to legal concerns. Firm attorneys also work with companies of all sizes to educate and train their human resource departments, management and staff, so they are better informed about employment law requirements in the workplace.

Case Studies

Employment Law Case Studies

Overtime Suit

Result:
Favorable settlement for client.

Client:
Silicon Valley Company

Overview:

The employer let an underperforming employee go, who then sued for overtime claiming that he was improperly categorized as an exempt employee. His claim was for more than $250,000. McManis Faulkner was able to settle the case before answering the complaint for pennies on the dollar.



Age Discrimination

Result:
Summary judgment and dismissal of two age discrimination claims brought by demoted employees.

Client:
Silicon Valley Company

Overview:

Employer reorganized its management team due to business losses. Two of the employees sued, claiming they were demoted because of age. On summary judgment, the employer asserted the business reorganization was a legitimate business reason for the demotions and there was no evidence of age discrimination. The court found in favor of employer and dismissed the lawsuits, awarding costs to the employer. One employee appealed, and the grant of summary judgment was upheld on appeal.



Commission Claim

Result:
Minimized employer obligation on commission claims and secured confidential documents via counterclaim.

Client:
Silicon Valley Company

Overview:

The employee claimed he was owed commissions for software sales at the maximum level under his contract and that he was owed the commission on his last day of employment rather than upon payment by the customer. Employer asserted that the employee was owed commissions at a lower level and that employee had been paid the appropriate amount as soon as the customer paid, which was permitted under the contract. The arbitrator found that the employer paid the proper commission. The employer counterclaimed for breach of contract because the employee kept confidential documents when he left the company to prove his commission claim. The arbitrator ordered the employee to return or destroy the documents.



Disability Discrimination and Abuse

Result:
Favorable settlement for client.

Client:
Silicon Valley Company

Overview:

A disgruntled former employee sued the employer after quitting his job, making claims of disability discrimination and assault and battery—alleging egregious conduct by the employer’s general manager. McManis Faulkner demurred and then settled the case for much less than the cost of defense.