Garcia Rainey Blank & Bowerbank LLP, Attorneys in Orange County

Labor & Employment Practice Group

Our Labor & Employment Practice Group handles a wide range of employment litigation, primarily on behalf of employers, in state and federal courts, including harassment, discrimination, retaliation, wrongful termination, defamation, fraud, trade secret, unfair competition, breach of contract, and wage-related claims.

We also regularly appear on behalf of employers before administrative agencies, including the California Department of Fair Employment & Housing (DFEH), U.S. Equal Employment Opportunity Commission (EEOC), California Division of Labor Standards Enforcement (DLSE), and California Employment Development Department (EDD). 

Not only do we represent employers at all stages of litigation, but we also pride ourselves on helping our clients avoid costly litigation by advising them on employment practices and decisions involving a variety of issues, such as hiring, discipline, performance counseling, terminations, reductions-in-force, leaves of absence, compensation, and workplace violence issues.  Our attorneys are also experienced in drafting employment policies and handbooks, employment agreements, and separation agreements.

In addition, our Labor & Employment Practice Group represents certain employees.  We have negotiated employment agreements and severance agreements on behalf of executives and other employees.  We have also provided advice and counseling services to such clients regarding critical issues, throughout their careers. 

In conjunction with our Sports Law Practice Group, we have represented various sports agents in connection with their employment agreements and disputes that arise under such agreements, including those pertaining to commission splits and reimbursement of expenses.  We have also represented professional athletes in connection with the negotiation of their player contracts and various other labor and employment issues.

Our results are achieved through efficient representation and responsive counseling. 

Representative Matters

  • Successfully defended a general construction company sued by a former employee for wrongful termination and disability discrimination.  After deposing the plaintiff, the case quickly settled for a nominal amount without mediation.
  • Successfully represented a software company in a lawsuit filed by a former employee for sex discrimination, sex harassment, defamation, wrongful termination, retaliation, breach of contract, and breach of implied covenant of good faith and fair dealing.  A favorable settlement was negotiated after the Court granted summary judgment in favor of the company on six of the seven claims. 
  • Secured a workplace violence protective order at a contested hearing on behalf of a multinational agricultural company against an employee, who made threats against a co-worker on company property.  The protective order was secured after key admissions were obtained during cross-examination of the employee through an interpreter.
  • Defended a nationwide retail company against wrongful termination and disability discrimination claims brought by a former employee.  An early and favorable settlement was reached after taking the plaintiff’s deposition.
  • Represented various companies in the defense of workers’ compensation retaliation (Labor Code section 132a) claims and obtained favorable settlements.
  • Negotiated a complex employment agreement, containing multiple levels of commission splits related to current and future clients, with an international media group on behalf of a sports agent.
  • Obtained over $7 million dollars for the 2009 season for Colorado Rockies’ third baseman Garrett Atkins through baseball arbitration.