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Online Calendar | |
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BRG&S Offers: Day-to-Day Employment Law Advice Our Purpose: Problem Prevention through Advice and Counseling Our experience has forged a philosophy basic to our practice. BRG&S believes in the practice of preventative labor and employee relations. Simply stated, BRG&S believes prevention is better than cure. Our objective is to help clients avoid problems rather than merely react to crises. This approach to establishing and maintaining a positive employee relations environment is akin to preventative medicine. Below is just a sampling of the general employment advice services BRG&S offers:
BRG&S Offers: Training Our Purpose: To provide employers with up-to-date information through training and education BRG&S attorneys regularly conduct in-house seminars tailored to the individual needs of our clients to teach supervisory personnel how to manage effectively in unionized and non-unionized environments, while maintaining compliance with existing federal, state and local labor laws and regulations, and the terms of existing collective bargaining agreements. Among other things, these in-house seminars are designed to keep managers and supervisors informed on such diverse topics as sexual harassment, termination law do's and don'ts, their rights of free speech under the National Labor Relations Act, preventative labor relations as it relates to collective bargaining contract administration, grievance handling, EEO, wrongful termination, wage/hour and other employment law matters. Additionally, BRG&S presents Breakfast Briefings to groups of clients and "friends" of BRG&S on topics of importance to employers. Recent Breakfast Briefings have been held addressing how to conduct sexual harassment investigations, what to look for in employment practice liability insurance policies, the new-found California tort of wrongful demotion, and what to do in workplace violence situations. For more information
about our Breakfast Briefings and to be placed on our mailing list to
receive notices of our upcoming Management Education Seminars and events,
please e-mail Yolanda Dennison at ydennison@brgslaw.com. BRG&S Offers: Litigation Our Purpose: Aggressive and Cost-Effective Litigation In Defense or Pursuit of the Employer's Policies or Actions In the litigation arena, BRG&S represents clients before state and federal courts and administrative agencies nationwide. The Firm has been in the forefront of creating significant law favorable to employers. Published Court Decisions: California Supreme Court Ballard, Rosenberg, Golper & Savitt represented Anheuser-Busch in this case in which the California Supreme Court greatly strengthened protections for employers against employees who quit and sue, claiming constructive discharge. Under the new standards, employees must now establish that working conditions are so onerous that the employee is "compelled" to quit, not that quitting is simply a rational alternative under the circumstances. The case has also been cited on issues such as the longer the time lapse between the protected conduct and alleged retaliation by the employer, the less likely there is of retaliatory discharge. It is also cited for a legal principle establishing that there is no retaliatory motive when there is a different manager who was on the scene when the protected conduct occurred. California Court of Appeals Ballard, Rosenberg, Golper & Savitt represented the well-known insurance defense firm of Gilbert, Kelly, Crowley and Jennett in this case. We successfully defended the law firm from a sexual harassment claim by a former paralegal suing after the end of her affair with a firm partner. At the trial level, we obtained not only a defense jury verdict, but a reverse attorneys' fees award of $650,000. On appeal, the Court of Appeal set forth the legal principle that an employee cannot claim and use the benefits of a settlement agreement only to later try to nullify the agreement based on the employee's alleged incapacity to enter into the agreement. The case is also cited for a legal principle that facts not disputed during a summary judgment motion can later be used as admitted facts during trial and on appeal. This is a case where Ballard, Rosenberg, Golper & Savitt represented Lockheed when it was sued by a former employee claiming defamation because of negative information that Lockheed imparted to the Los Angeles Police Department which was entertaining the former employee's job application. The Court held that under Civil Code Section 47 (b) there is an absolute privilege for communications about former employees to police agencies. Ballard, Rosenberg, Golper & Savitt represented Coastal Corporation in this matter brought by a former supervisor against the chemical refinery. The employee claimed that the company had failed to reasonably accommodate his alcoholism. The Court of Appeal established standards outlining the extent to which an employer has to go in order to "reasonably accommodate" alcoholism under Labor Code Section 1025 and the Fair Employment and Housing Act. Ballard, Rosenberg, Golper & Savitt represented Consolidated Freightways in this case brought by a former consolidation Center manager claiming wrongful discharge. The Court of Appeal established favorable standards for employers on the issue of at-will employment despite personnel policies that set forth principles of progressive discipline. The case also established favorable law for employers on whether an employee can be terminated without violating the California Polygraph Act when the employer acts upon a suspicion of wrongdoing and the employee offers but later refuses to take a polygraph in an attempt to exonerate himself. Finally, the case established appellate authority for the principle that an employer cannot be sued for self-publication of an alleged defamatory statement when the employee is not under a "strong compulsion" too republish the matter to prospective employers. Even before formal litigation commences, BRG&S attorneys are involved in defending employers and preparing formal responses to various state and federal administrative agencies and state agency equivalents and the National Labor Relations Board. BRG&S attorneys are very successful in obtaining favorable "No Cause" determinations and persuading the agencies that the employer's conduct was fair and within the law. The types of litigation
matters BRG&S handles are as varied as our clients. BRG&S has
successfully represented companies in litigation involving all types
of discrimination, sexual and other harassment, breach of employment
contracts, denial of employment benefits, trade secrets, wrongful termination
and demotion, drug testing, privacy, workplace violence, immigration-related
unfair labor practices, unfair labor practices before the National Labor
Relations Board, claims of negligent retention, supervision and hiring,
and other personal employment-related tort actions. BRG&S Offers: Alternative Dispute Resolution Assistance Our Purpose: Resolving Employment Disputes Most courts require all matters to be submitted to some form of alternative dispute resolution before proceeding to trial. "ADR" is an informal way to assist clients in resolving employment disputes prior to or in conjunction with litigation. BRG&S attorneys are well-versed in the wide-ranging methods of alternative dispute resolution. Whether you select "high-low" mediation, "baseball" arbitration, or more typical methods of alternative dispute resolution, BRG&S has the expertise to work with you to achieve your desired goal. Some clients even mandate binding alternative dispute resolution as a condition of employment. The propriety of this practice is currently being debated in the courts. Top BRG&S Offers: Traditional Labor - Management Relations Assistance Our Purpose: Effective Labor - Management Relations In the area of traditional labor-management relations, BRG&S provides a full range of services for our unionized and non-unionized clients. For example, BRG&S attorneys: Top |
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