Aggressive. Creative. Experienced. These qualities have been the foundation of our law firm since 1994. We have successfully represented thousands of clients in disputes against public entities, including city, state and federal agencies and Fortune 500 companies. Employment Law: Age Discrimination - Severance Agreements - Discrimination - Wage and Hour - Sexual Harassment • Wrongful Termination - Labor Law -Civil Rights: Civil Litigation: First Amendment Issues • Serious Personal Injury - Education Rights • Business Litigation - Gay Rights • Elder Law - Medication Injury: Criminal Defense:- Physician Prescribing Error - Workplace Criminal Conduct - Pharmacist Dispensing Error - Workplace Violence Issues - Nursing Drug Administration Error - Workplace Stay Away Orders - Defective Drugs - Workplace Embezzlement and Fraud - Assault and Battery - Drug Offenses
Many civil law firms shy away from taking on employment law cases involving criminal defense. But we credit our longevity in part to taking on unconventional cases. Our legal roots are in civil law, providing us with an advantage in seeking the best defense possible for clients accused of workplace criminal misconduct. We have a firm understanding of employment law and will protect your rights vigorously.
Fraud
Theft
Embezzlement
The public policy must serve the interests of the public (i.e., protect the public from harm) rather than merely that of the individual (or company). Accordingly, an employee who reveals to his current employer that a co-worker is under investigation for embezzlement at another company is said to be serving only a private interest: the interest of the employer. Although the employee’s disclosure may be beneficial to most employers, and the employee is not protected from retaliation. Many of the exceptions are outlined in statutory provisions under California law, including the Department of Fair Employment and Housing, Worker’s Compensation, The Unruh Act, and many other statutory schemes to protect California Workers.
Corporate formation: if you are considering incorporation or forming a new business, make sure to be able to discuss your organizational chart, the flow of capital within your business, and any regulatory bodies that govern the goods or services you provide.
In California, along with many other states, employees are presumed to be “at will.†This term means that your employer can fire you at any time for any reason. However, there are certain situations, dictated by public policy, where the at-will presumption is overcome and rendered irrelevant. If you are fired based upon one of the exceptions to the at-will designation, you may have a case of wrongful termination.
Employment Discrimination
Does your employer make jokes about your age, ask when you are going to retire, or remind you that you “should not have to work so hard?†These can all be examples of age discrimination. Other examples include...
Employment Contract
Some employers request employees to sign a contract at the beginning of a job. Are you considering signing an employee contract? We advise you to seek legal advice before blindly going forward. At Andrea Cook & Associates, we have 30 years of experience reviewing and considering employment contracts.
Employment Litigation
The rules that govern the time frame in which you must file a lawsuit are called statutes of limitations. Statutes of limitations in employment matters vary according to the claim. The application of these rules to your particular case is often complicated and requires the assistance of a lawyer. However, you should generally be aware of these rules and understand that there is little leeway or exception for filing claims beyond these statutes. Typically, you have two years from the date of injury to file tort (personal injury) claims. Tort claims in employment cases include emotional distress, battery, slander, and libel claims, among others. Claims of discrimination based on your race, nationality, gender, age, disability, or sexual preference have a separate requirement called “exhausting administrative remedies” in addition to the statute of limitations. Exhaustion of administrative remedies means that there are separate state or federal requirements that must be completed before you can bring a discrimination lawsuit. These requirements govern the time in which you must file a discrimination lawsuit. Several statutes may apply to employment claims such as provisions of the Labor Code and California Business and Professions Code as well as the federal and state tort claims act. Each of these statutes may have its own filing deadline that you must consider.
Non-compete Agreement
Upon hiring us, we will thoroughly review your contract, explain legal terminology, and help you negotiate terms of the contract that may (or may not) be in your best interests. If your contract includes a non-compete clause, you must seek the guidance of an experienced lawyer. Whether your contract involves severance, non-compete, compensation, or other matters, we are here to preserve your rights.
Severance Agreement
For more than 28 years, we have vigorously protected clients’ rights during layoffs. We are devoted to helping employees maximize the value of severance agreements to help them get through difficult times in their careers.
Sexual Harassment
Sexual harassment is one of the most common forms of workplace harassment. Though the stereotypical case of sexual harassment involves a man harassing a woman, the situation can be reversed. Men are particularly vulnerable because of the reluctance to complain or the stigma of complaining. The harasser does not necessarily need to be of the opposite sex. The law provides specific prohibitions against same-sex harassment.
At the firm of Andrea Cook & Associates, we concentrate on the recovery of damages in selected personal injury cases on behalf of the victims and surviving families of catastrophic events, including debilitating injuries as a result of medication errors. To understand our approach to serving the needs of clients, contact one of our lawyers to schedule a consultation. We want our clients and their families to recover full and fair compensation for their injuries and any resulting disabilities. We offer a sophisticated approach to recoveries, including analysis by a lawyer who has years of experience as a practicing pharmacist. Not only do we work to maximize the value of our clients’ claims, but we also serve as a professional resource to our clients and their families to make sure their medical conditions are appropriately diagnosed and treated.
Medical Malpractice
In addition, we provide consultative services related to review and analysis of medical records, assistance in all phases of discovery and litigation, assessment of the role of drugs in civil and criminal litigation matters and expert witness services related to drug injury causation, medication-related medical malpractice and drug/product liability.
Disability Discrimination
Individuals with physical or mental disabilities, as defined by law, are protected as long as they can perform the essential functions of their job safely and efficiently. Employers are required to provide reasonable accommodations unless the accommodation would result in undue hardship. An example of disability discrimination includes a dock worker who suffers from epilepsy, who can perform all of his or her job duties safely while on medication, and with periodic rest breaks, is prevented from carrying on his job or responsibilities. The employer must accommodate such a worker by providing necessary rest breaks and the required time to take medication. These protections may apply if the employee currently suffers from a disability, has a history of a disability, or is perceived to have a disability.