Employment Law

Discrimination and Harassment
We advise corporate and individual clients on an ongoing basis with respect to all aspects of discrimination and harassment law, including:
  • Assessing the liability risk of potential employment decisions
  • Implementing personnel decisions in compliance with applicable discrimination and harassment laws
  • Responding to complaints of discrimination or harassment, including avoidance of retaliation
  • Providing required training in the prevention of discrimination and harassment
When disputes arise regarding discrimination, harassment or retaliation, we represent clients before administrative agencies and in court, working aggressively and efficiently to achieve our client’s objectives.
 
Employment Contracts
Our attorneys regularly assist clients in drafting or analyzing a wide variety of agreements, including:
  • Employment contracts
  • Executive compensation agreements
  • Commission agreements
  • Confidentiality and non-disclosure agreements
  • Restrictive covenants, including covenants not to compete
  • Arbitration agreements
  • Severance agreements
 
Employment Litigation
We have extensive experience in representing clients in a broad spectrum of employment disputes including:
  • Wrongful termination
  • Discrimination
  • Harassment
  • Retaliation
  • Breach of contract
  • Unfair competition
  • Wage and hour disputes
Our attorneys regularly represent clients in disputes before administrative agencies such as the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission and the Labor Commissioner, as well as in state and federal courts and courts of appeal and in binding arbitration proceedings.
 
Labor Relations Law
Our attorneys provide employers with strategic advice and practical solutions to the difficult legal issues arising from conflict in the workplace. Maintaining a competitive advantage with a unionized workforce often presents employers with significant challenges. Our attorneys are experienced in handling labor relations legal matters arising under the National Labor Relations Act, the Educational Employment Relations Act, and the Meyers-Milias-Brown Act.

Our team partners with employers to provide a comprehensive array of labor relations legal services in the areas of:
  • Collective Bargaining: We negotiate contracts, draft language, develop strategies, and advocate the employer’s proposed solutions in impasse mediations, interest arbitrations, and fact-findings. We are skillful in the use of traditional models of negotiations as well as interest-based bargaining.
  • Contract Administration: We help employers interpret and properly implement collective bargaining agreements, train supervisors on their obligations under the contract, and prepare for future negotiations.
  • Grievance Processing: We investigate grievance allegations, develop strategies, draft responses, and defend the employer’s interests in arbitration.
  • Representation Before Administrative Agencies: We appear before the National Labor Relations Board and the Public Employment Relations Board in union representation matters and to defend and prosecute unfair labor practice charges.
Our attorneys also specialize in advising employers concerning union organizing drives, prevailing wage issues, and the labor relations implications of mergers and acquisitions.
 
Personnel Policies
Our team regularly drafts and revises documents typically used by clients in the course of managing their personnel, including:
  • Employee Handbooks and individual personnel policies
  • applications for employment
  • employment offer letters
  • employment contracts
  • commission plans and agreements
  • performance review forms
  • disciplinary memoranda
  • documents relating to leaves of absence
  • arbitration agreements
  • severance agreements
 
Unfair Competition and Restrictive Covenants
We assist clients in crafting documents to protect their intellectual property and in assessing the enforceability of agreements and policies to which they may be subject. We regularly advise clients on issues relating to unfair competition, trade secrets, covenants not to compete and other restrictive covenants.

When disputes arise, we have extensive experience in representing both plaintiffs and defendants in suits alleging unfair competition and misappropriation of trade secrets, as well as cases in which temporary restraining orders or other injunctive relief are sought.
 
Wage and Hour Issues
Our attorneys provide advice and recommendations on various wage issues, such as:
  • Exempt and non-exempt classifications
  • Compliance with overtime laws
  • Alternative work schedules
  • Compensatory time off
  • Commission agreements
  • Meal and rest periods
 
Wrongful Termination Litigation
Our attorneys have extensive experience in representing clients in all types of wrongful termination lawsuits, including cases involving allegations of breach of contract, discrimination, retaliation and termination in violation of public policy.

We also work closely with clients from the outset of the case to analyze the case carefully, learn the client’s goals and achieve them in the most timely and cost-efficient manner possible. We regularly handle cases in both state and federal court and also have experience in representing clients in administrative and appellate proceedings arising from wrongful discharge cases.
CONTACT US
1871 The Alameda, Suite 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807
contact@lonichandpatton.com

Lonich & Patton, LLP also specializes in the areas of Family Law and Estate Planning.

WHERE WE PRACTICE
Lonich & Patton, LLP handles estate planning, trust administration and probate matters for clients in northern California, San Jose and Silicon Valley . Our attorneys regularly serve clients in Santa Clara County, San Mateo County, Alameda County, Contra Costa County, Santa Cruz County, Monterey County and San Benito County, including the cities of Sunnyvale, Santa Clara, Mountain View, Cupertino, Los Gatos, Campbell, Saratoga, Redwood City, Oakland, Salinas, Fremont, Hayward, Concord, Berkeley, Richmond, Morgan Hill, Milpitas, Santa Cruz, Los Altos, San Leandro, Livermore, Union City, Walnut Creek, Pleasanton, South San Francisco, Gilroy, Castro Valley, Watsonville, Newark, Hollister, Monte Sereno and Menlo Park.