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Disability Discrimination Claim Settles After DFEH Sees CDF’s Summary Judgment Motion

Our client, a nationwide manufacturer, was sued by the Department of Fair Employment and Housing (DFEH) after the claimant alleged the company did not hire him because of his disability.  The DFEH refused to agree to a reasonable settlement forcing us to file a summary judgment motion.  The DFEH was so...
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Compliance Audit of Acquisition Target Reveals Critical Liability Info

CDF was hired by a venture capital firm that was considering purchasing a company.  The audit focused on identifying potential liability for a wide range of potential employment law issues such as misclassification, independent contractor issues, pay stub compliance, overtime, EEO issues pertaining to hiring, discipline and termination, expense reimbursements, and...
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Discovery of “Secret Tape” Leads to Voluntary Dismissal of Discrimination Case

A large national copy service company was sued for sex and race discrimination and wrongful termination.  The plaintiff had secretly tape recorded conversations with his manager in hopes of obtaining evidence helpful to his claims.  After learning of the tapes, the making of which violated the California Penal Code, CDF negotiated...
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Sexual Harassment Case Dismissed on Summary Judgment, Upheld on Appeal

A large national copy service company was sued for sexual harassment and constructive termination.  The trial promised to be long and messy, as the plaintiff claimed multiple instances of harassment, including inappropriate touching. CDF brought a motion for summary judgment, which was granted by the trial court and upheld on appeal. ...
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Denial of Class Certification on Behalf of 20,000 Current and Former Employees

One of the largest security guard companies in the country was sued for meal break, rest break, and off-the-clock violations. The three named plaintiffs filed the case as a class action, seeking certification of a class of 20,000 current and former employees. After two years of heated litigation, CDF was brought...
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Global Discount Retailer Shuts Down National FLSA Collective Action Threat

Our client, an international discount retail chain, faced a nationwide putative collective action alleging violations of the FLSA and misclassification of store management employees. When CDF took the early deposition of the named plaintiff to evaluate her adequacy as a class representative, we successfully elicited critical admissions from her that undermined...
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Gender Discrimination Claims by Executive Defeated by Defense Verdict in Arbitration

A Fortune 500 client faced allegations from a female director-level employee of gender discrimination and related claims.  At the arbitration, CDF’s effective cross-examination of the plaintiff’s witnesses, one current female director and one former female director, coupled with the presentation of persuasive evidence about the plaintiff's performance issues, resulted in a...
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CDF Turns Around Unfavorable Arbitration Award Restricting Manufacturer

Prior to retaining CDF, a manufacturing company faced an unfavorable arbitration award that required the company to enter into a union contract and to pay allegedly owed trust fund contributions that accrued during the term of the contract required by the award. CDF successfully argued to the superior court that our...
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Family-Operated Business Acts Early to Manage Costs of Wage and Hour Claims

Our client, a family-operated dairy, faced multiple claims based on various purported wage and hour violations. After persuasively arguing before the administrative agency investigating the claims that the plaintiff's allegations were without merit, CDF negotiated an early settlement of all claims on terms favorable to the client, including a settlement amount...
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Aggressive Defense in Disability Discrimination Case Leads to Prompt Settlement

A Northern California employer faced a discrimination claim based on disability and wrongful termination brought by an employee who was terminated for legitimate business reasons – primarily failure to report to work.  The employee claimed that the employer failed to engage in the interactive process after he notified it of his...
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Defeat of Attorney General’s Claims to Recover Labor Code Penalties

The California Attorney General brought a representative action against a small employer seeking to recover Labor Code penalties, in addition to other claims, on behalf of all employees.  In ruling on the employer’s demurrer, the court refused to allow such recovery despite the AG’s argument that it had express authority to...
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Early and Assertive Defense in Wage and Hour Claims Eliminates Threat to Car Dealer

A large California car dealer faced multiparty claims for wage and hour violations brought by service department employees. Successful defense included disposing of some of the claims and defeating the alter ego theory to protect the single owner of the defendant entities at issue and to prevent plaintiffs from piercing the...
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Employee UCL Action Prevented by Local Restaurant

A local restaurant faced several Labor Commissioner claims for wage and hour violations from its former servers and cooks.  Soon after, the employees dismissed their Labor Commissioner claims and filed action in California Superior Court alleging multiple claims including, Labor Code violations, theft and unlawful acts under California’s Unfair Competition Law...
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Cable, Internet and Telephone Service Provider Ends Multiple Employee Claims at Summary Judgment

The only African-American employee in his work unit was terminated for performance reasons.  The employee filed suit against his employer, a large national cable, internet and telephone service provider, for wrongful termination, race discrimination and breach of contract. Deposed plaintiff and set forth key evidence in defense of his termination, which...
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Counseled IP Law Firm on Employee Terminations

Successfully counseled intellectual property law firm on all aspects of the employee relationship, including complicated employee terminations, resulting in fewer agency proceedings and no lawsuits.
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