Employment Litigation

Workplace disputes can disrupt your livelihood, damage your career, and create overwhelming stress. Whether you are an employee facing wrongful termination, discrimination, or unpaid wages, or an employer defending against workplace claims, the stakes in employment litigation are deeply personal. At Varnavides Law, we provide strategic representation for both employees and employers in employment disputes throughout Los Angeles and California.

Our employment litigation attorney brings a distinctive perspective to workplace disputes. With a decade of experience defending broker-dealers and financial institutions at Sichenzia Ross Ference LLP, we understand how organizations think, how they build defenses, and where their strategies are most vulnerable. That insider knowledge translates directly to more effective representation in employment cases.

What Is Employment Litigation?

Employment litigation encompasses legal disputes arising from the employer-employee relationship. These cases address violations of federal and state employment laws, breaches of employment contracts, and workplace conduct that causes harm to workers or businesses.

Unlike transactional employment law, which focuses on drafting policies and contracts, employment litigation involves actively pursuing or defending claims through administrative proceedings, arbitration, or court. The complexity of overlapping federal, state, and local employment regulations makes experienced legal representation essential for achieving favorable outcomes.

California employment law is among the most protective in the nation. The Fair Employment and Housing Act, California Labor Code, and numerous other statutes create rights and obligations that often exceed federal standards. Understanding these layered protections is critical to building an effective employment litigation strategy. Our broader commercial litigation experience strengthens our approach to complex employment disputes that involve contractual and business law issues.

Types of Employment Claims We Handle

Our employment litigation practice covers the full range of workplace disputes. We represent both plaintiffs pursuing claims and defendants protecting against them.

Wrongful Termination in California

California follows the at-will employment doctrine, meaning either employer or employee can end the employment relationship at any time for any lawful reason. However, California law carves out significant exceptions that make certain terminations wrongful.

A wrongful termination claim may exist when an employer fires an employee for any of the following reasons:

• Discrimination: Termination based on a protected characteristic such as race, sex, age, disability, religion, sexual orientation, national origin, or pregnancy violates FEHA and federal anti-discrimination laws.
• Retaliation: Firing an employee for reporting illegal activity, filing a workers’ compensation claim, taking protected leave, or refusing to participate in unlawful conduct.
• Violation of public policy: Termination for exercising a legal right, performing a legal obligation, or refusing to violate the law.
• Breach of contract: Firing that violates the terms of an express or implied employment agreement, including provisions in employee handbooks that create binding obligations.

For example, an employee who reports safety violations to OSHA and is subsequently terminated may have both a wrongful termination claim based on violation of public policy and a retaliation claim under whistleblower protection statutes. Similarly, a worker fired shortly after requesting disability accommodations under FEHA may have claims for both disability discrimination and failure to engage in the interactive process.

Workplace Discrimination Under California Law

California’s Fair Employment and Housing Act provides broader anti-discrimination protections than federal law. FEHA applies to employers with five or more employees, a significantly lower threshold than the 15-employee minimum under Title VII of the federal Civil Rights Act.

According to the EEOC’s fiscal year 2024 annual performance report, the agency received 88,531 new charges of employment discrimination, a 9% increase over the previous year. Disability discrimination charges climbed to 33,668 from 29,160 the year before, reflecting a growing area of enforcement activity.

Harassment and Hostile Work Environment Claims

Workplace harassment involves unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. California law recognizes two primary forms of workplace harassment.

Under California law, employers have an affirmative duty to take reasonable steps to prevent and promptly correct harassment. Failure to maintain adequate anti-harassment policies, provide training, or respond to complaints can create employer liability even when the employer did not directly engage in the harassing conduct.

Retaliation and Whistleblower Protections

Retaliation claims represent the most commonly filed charge of employment discrimination in the United States. According to the EEOC enforcement statistics, retaliation charges totaling 42,301 in fiscal year 2024 comprised nearly 48% of all charges filed, marking the seventeenth consecutive year as the most prevalent filing category.

California provides multiple layers of retaliation protection:

• FEHA retaliation: Prohibits adverse action against employees who oppose discrimination, file complaints, or participate in investigations. Employees must demonstrate that their protected activity was a substantial motivating reason for the adverse action.
• Whistleblower protection: California Labor Code Section 1102.5 protects employees who report suspected violations of law to a government agency or to a person with authority over the employee. This statute also prohibits anticipatory retaliation against employees an employer believes may report unlawful activity.
• Workers’ compensation retaliation: Labor Code Section 132a prohibits employers from retaliating against employees who file or intend to file workers’ compensation claims.

Remedies for retaliation can include reinstatement, back pay, front pay, compensatory damages for emotional distress, punitive damages, and reasonable attorney fees. Under Labor Code Section 1102.5, employers may also face civil penalties of up to $10,000 per employee for each violation.

Consider a scenario where an employee reports suspected financial fraud within their company to both their supervisor and the SEC. If the employer responds by reducing the employee’s hours, reassigning them to less desirable duties, or ultimately terminating them, the employee may pursue retaliation claims under both FEHA and Labor Code Section 1102.5, potentially recovering back pay, emotional distress damages, and civil penalties.

Wage and Hour Litigation

Wage and hour violations remain widespread in California workplaces. The U.S. Department of Labor’s Wage and Hour Division continues to recover millions in back wages for workers across the country each year. In California, the problem is particularly acute, with research indicating that nearly half of hourly workers have experienced at least one serious wage violation such as working off the clock, unpaid overtime, or sub-minimum-wage payments.

Common wage and hour claims in California include:

The California Division of Labor Standards Enforcement investigates wage claims and enforces California’s labor laws. However, pursuing claims through an employment litigation attorney often produces more comprehensive recovery, particularly for complex cases involving misclassification or systemic violations.

Employment Contract Disputes and Non-Compete Agreements

Employment contracts govern the terms and conditions of the working relationship. When either party breaches those terms, employment contract litigation may be necessary to enforce rights and recover damages.

Common employment contract disputes include:

• Severance agreement disputes: Disagreements over the terms, enforceability, or interpretation of severance packages, including whether adequate consideration was provided and whether required disclosures were made.
• Non-disclosure agreement enforcement: Disputes over the scope and enforceability of confidentiality obligations, trade secret protections, and the boundary between protectable information and general knowledge.
• Compensation disputes: Claims involving unpaid commissions, bonuses, equity compensation, deferred compensation, and other contractual payment obligations.
• Executive employment agreements: Complex disputes involving change-of-control provisions, golden parachute clauses, and termination-for-cause definitions.

Non-Compete Agreements in California

California takes the strongest position in the nation against non-compete agreements. Under Business and Professions Code Section 16600, non-compete agreements in employment contexts are void and unenforceable, with very limited exceptions for the sale of a business or dissolution of a partnership.

Effective January 1, 2024, AB 1076 strengthened this prohibition by making it unlawful, not merely void, to include a non-compete clause in an employment contract or require an employee to enter a non-compete agreement. Employers were required to notify current and former employees by February 14, 2024, that any existing non-compete clauses are void. Violations constitute unfair competition under California Business and Professions Code Section 17200.

The Employment Litigation Process

Employment disputes can be resolved through several channels depending on the nature of the claim, the parties involved, and applicable contractual provisions.

Administrative Proceedings

Many employment claims require filing with an administrative agency before pursuing court litigation. FEHA claims must be filed with the California Civil Rights Department within three years. Federal discrimination claims must be filed with the EEOC within 300 days. Wage claims can be filed with the California Division of Labor Standards Enforcement.

Mediation and Settlement

Many employment disputes resolve through mediation or direct negotiation before trial. Mediation provides a confidential setting where both parties work with a neutral mediator to reach a mutually acceptable resolution. Early mediation can significantly reduce the time and cost of resolving employment disputes.

Arbitration

Many employment agreements contain mandatory arbitration clauses requiring disputes to be resolved through private arbitration rather than court proceedings. While arbitration can offer faster resolution, it also involves different procedural rules and limited appeal rights. Our extensive experience with securities litigation and regulatory proceedings means we understand how to navigate complex dispute resolution forums effectively. We represent clients in both arbitration proceedings and challenges to the enforceability of arbitration agreements.

Court Litigation

When administrative remedies are exhausted or inapplicable, employment disputes proceed to state or federal court. Court litigation involves formal discovery, motion practice, and potentially trial before a judge or jury. Our litigation experience ensures thorough preparation at every stage, from initial pleading through trial and appeal.

Why Choose Varnavides Law for Employment Litigation

Selecting the right employment litigation attorney affects the trajectory of your case and the outcome you achieve. Our approach combines aggressive advocacy with strategic judgment refined through years of high-stakes litigation.

What to Do If You Face an Employment Dispute

The steps you take early in an employment dispute can significantly impact the outcome. Whether you are an employee experiencing workplace violations or an employer responding to claims, prompt action protects your rights.

For Employees

1. Document everything: Keep detailed records of relevant communications, incidents, performance reviews, and any evidence of discriminatory or retaliatory conduct. Save copies of emails, text messages, and written policies.
2. Report through proper channels: File internal complaints through your employer’s established procedures. Written complaints create a record that supports your claims and triggers the employer’s obligation to investigate.
3. Consult an attorney promptly: Contact an employment litigation attorney to understand your rights and evaluate your claims before filing with an administrative agency. Statutes of limitations can bar claims if you wait too long.
4. Preserve evidence: Do not delete relevant communications or documents. If you leave your position, ensure you have copies of relevant materials obtained through lawful means.

For Employers

1. Investigate complaints promptly: Take every complaint seriously and conduct a thorough, documented investigation. Failure to investigate can create independent liability.
2. Preserve all records: Implement a litigation hold on all documents related to the employee and the dispute. Document preservation is a legal obligation once litigation is reasonably anticipated.
3. Engage legal counsel early: An employment litigation attorney can guide your investigation, help preserve the attorney-client privilege, and develop a defense strategy before claims escalate.
4. Review policies and training: Ensure your employment policies comply with current California law and that required training programs are up to date.

Fee Structure

We understand that employment disputes create financial pressure in addition to professional concerns. We offer flexible fee arrangements depending on the nature of your case.

• Contingency fees: For qualifying employee-side cases, we receive payment only if we recover money for you. The specific percentage is discussed during your consultation.
• Hourly rates: For employer-side defense work and matters not suitable for contingency arrangements.
• Hybrid arrangements: Reduced hourly rates combined with a success fee upon favorable resolution.

Schedule a free consultation to discuss your situation and receive a clear explanation of how we structure our representation.

The information on this page is for educational purposes and does not constitute legal advice. Prior results do not guarantee a similar outcome.