Individual Services for Employees
The Law Offices of Barnum & Avila in Benicia, CA, are here to advise and represent individuals and current and former employees in any type of dispute involving an employer. The following are the areas of law in which we can help.
Employment Litigation
Barnum & Avila can represent you in any type of litigation before the state and federal courts and administrative proceedings to pursue the legal claims that you have or may have against an employer or former employer. Please contact our firm and our staff will obtain the basic information about your matter and discuss our consultation procedures with you so you can meet with one of the attorneys in our office to discuss your matter and determine whether the firm can represent you in the claims you may have against your employer. The litigation in which we have represented clients include wrongful termination, wage and hour claims, discrimination, harassment, breach of contract, and the entire range of employment law claims which an employee may bring against an employer for violation of the law.
Settlement Demand Letters
Before filing a lawsuit or formal claim, it is sometimes best to seek an informal resolution with the employer. In this regard, some circumstances require the drafting of a proper and persuasive settlement demand letter to the employer to attempt resolution prior to pursuing litigation. If this is the proper strategy, Barnum & Avila is experienced in drafting a proper settlement demand letter on behalf of the employee client.
Severance/Separation Agreements
Employees are sometimes presented with severance or separation agreements from their employers that set forth the proposed financial terms of a separation and contain other provisions such as a release of claims and confidentiality provisions. An employee should never sign an agreement of this nature prior to seeking legal counsel to review it and to make sure all of the proposed terms are understood. Sometimes, negotiations are appropriate to change the terms of the proposed severance or separation agreement. In this regard, the attorneys at Barnum & Avila are available to consult with clients presented with severance and separation agreements and provide the proper advice.
Employment Agreements
Sometimes employees are presented with employment agreements that set forth the legal terms and conditions of employment. Before executing an employment agreement, it is wise for an employee to seek legal advice so as to understand all the terms and conditions of the agreement. The attorneys at Barnum & Avila are experienced in providing employees with advice concerning employment agreements and revisions which may be in the client’s best interests.
Unemployment Appeals
When an employee’s employment is terminated, the employee is often eligible for unemployment insurance compensation through the State of California, Employment Development Department. When unemployment insurance benefits are denied, an employee has a right to appeal that decision before the California Unemployment Insurance Appeals Board (CUIAB). Barnum & Avila are experienced in providing employees with advice, representation and appeals before the CUIAB.
Labor Commissioner Representation
If an employee believes that he or she has been denied proper pay or meal or rest breaks, a claim may be filed with the State of California, Department of Industrial Relations, Labor Commissioner’s Office. Barnum & Avila is experienced in representing employees in the submission of wage and hour claims to the labor commissioner and representation through the settlement conference, hearing, and appeal process.
Non-Compete and Non-Solicitation Advice
Sometimes certain employees are required to sign agreements that attempt to prevent or limit the employee from competing with the former employer and/or soliciting clients. The enforceability of these types of agreements involves the analysis of their legal enforceability. Barnum & Avila can advise clients as to the extent to which these agreements are applicable and enforceable.
Public Sector Employee Representation in Skelly Hearings, State Personnel Board, and Public Employment Relations Board (PERB)
Public sector employees have certain rights in connection with their employment, imposed discipline, and/or termination from employment. Public sector employees are generally entitled to a Skelly Hearing before discipline or termination can be imposed. Barnum & Avila have substantial experience representing public sector employees in Skelly Hearings. Employees of the State of California also may appeal certain discipline and termination decisions before the State Personnel Board. In addition, public sector employees have certain rights that can be pursued through PERB. Barnum & Avila have successfully represented many public employees in these legal procedures.
Photo Credit: Ok Kyong Hanranhan
Contact us at (707)-745-3747 for more on our employee services.