Employment Law

Contact:

Lisa E. Aguiar
Chair

 

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HR Law Website


Our team of talented employment attorneys will assist you through the myriad of employment law issues faced by companies. We work closely with our clients to help them most efficiently operate their human resources functions and to prevent future disputes. Our clients rely on us for advice on day-to-day personnel issues, as well as complex and high exposure legal disputes.

Advice and Counsel

Our collective years of experience gives us a unique perspective on the do's and don'ts of running a business,
in particular the managing of employees and their expectations.

We have seen firsthand how flawed contracts and unprofessional conduct lead to costly litigation and settlements. Prevention should be a key part of your human resources strategy. As defense attorneys, we understand the employment law issues from the view of management, and we realize how these issues impact other important business functions of companies.

Here are a variety of areas in which we are prepared to assist you:

  • Pre-employment compliance
  • Hiring practices issues and policies
  • Personnel policies and employee handbooks
  • Employee leave issues
  • Privacy issues
  • Compensation issues
  • Performance evaluations
  • Labor-management relations
  • Independent contractor issues
  • Discipline and demotions
  • Wrongful termination
  • Non-competition agreements or restrictive covenants

Litigation

We defend all types of employee complaints in both state and federal courts and before government agencies such as the Federal Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commission. Hoge Fenton has an outstanding reputation for trial advocacy, and our employment law litigators are prepared to vigorously defend your company. When appropriate, we use alternative resolution procedures such as arbitration, mediation and early neutral evaluation.

Internal Audits

In certain situations we find it extremely useful to take a close look at all aspects of a company's personnel activities, such as existing policies, procedures, contracts, employee classifications and compensation structures. This is all conducted in an effort to bring the company into compliance with current employment laws and to minimize future litigation. Our audits oftentimes pay for themselves with the uncovered cost savings and the avoidance of litigation.

Training

Proper employment law training is critical to operating your human resources department at peak efficiency and compliance. Company executives, boards of directors, human resources managers and frontline managers who interact with employees and contractors can all benefit from tailored training programs. We especially enjoy this area of our practice and we bring this enthusiasm to all of our training sessions. Our attorneys are prepared to address employment law topics ranging from practical solutions to workplace problems to emerging issues in employment law. Over the years we have published articles and conducted workshops on a variety of employment law related issues. Members of our employment law practice have been recognized by San Jose Magazine as among the foremost employment lawyers in Silicon Valley. The media calls upon us to comment on current developments in the law. We consistently earn high marks from attendees (including other attorneys) following our training sessions. We offer training at your company location, or at our downtown San Jose or Pleasanton offices. Programs range from two hours to multiple days, depending on your needs.

Popular training programs include:

The Five Most Expensive Mistakes California Employees Make, and How to Prevent Them

Wage and Hour Law: Fundamentals That Every Employer Should Know

Workers' Compensation, Drug Testing and Employee Investigations

How to Be a More Effective Human Resources Manager

Employee Leave Issues

Representative Clients

Our clients range from emerging companies to large, established businesses headquartered in the U.S. with facilities in other countries. We represent clients in a variety of industries, including banking and finance, construction and real estate, education, health care, high technology, manufacturing, media, non-profit organizations, trucking and transportation.

Partnering for Success

One of our top priorities is to be accessible to you. It comes as no surprise that the most urgent employment related issues emerge with little notice. Our clients have come to rely on us for our prompt responses and we are committed to returning all calls and e-mails in a timely manner. You have access to our direct telephone lines and e-mail, and we encourage you to contact us at any time you have issues or questions.

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