Practice Areas and Legal Definitions

Employment Law:
Employment law is a well-established body of statutes and judicial decisions covering all rights and obligations within the employer-employee relationship, including current employees, job applicants and former employees.  It covers a wide range of legal issues, ranging from employment discrimination and wrongful termination to matters involving wages and workplace safety.  Many employment law issues are governed by applicable federal and state employment law, but a number of issues are determined according to basic contract law.

Employee Rights:
All employees have basic rights arising from both state and federal laws.  Some of these rights include:  the right not to be subjected to discrimination on the basis of race, national origin, gender, pregnancy, religious beliefs, disability, age, and in some places, marital status or sexual orientation; the right not to be retaliated against for making a complaint of discrimination; the right to a workplace free of harassment on a prohibited basis; the right to be paid at least the minimum wage as provided by federal or state law; the right to overtime wages as provided by federal or state law; the right to a safe workplace and the right to take leave to care for a personal or family member's serious illness, or following the birth or adoption of a child.

Employment Discrimination:
Discrimination generally occurs when an employee is intentionally treated differently because of race, color, religion, national origin, disability, gender, age, and in some states, sexual orientation.  Employment discrimination claims may be prosecuted under various state and federal statutes.  Even if the employee’s evidence is sufficient to show discrimination, an employer may be able to justify a particular job action by demonstrating that such treatment arose out of business necessity, or that a legitimate job qualification required consideration of factors that had an unintentional discriminatory effect.  When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer’s justification, was the true reason for the action.

Age Discrimination:
It is unlawful for an employer, employment agency or labor union to discriminate in employment on the basis of age.  This includes refusing to hire an individual or firing an employee.  It also includes an individual’s compensation, the terms, conditions, and privileges of his or her employment, and all employee benefits.

Disability Discrimination:
Both the Americans with Disabilities Act and the California Fair Employment and Housing Act protect individuals with disabilities from employment discrimination.  An individual with a disability is defined as someone who has a physical or mental impairment that limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment.  The term is broadly defined to include any physiological, mental or psychologically-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment.  Temporary conditions, such as a broken arm or the flu, would not be considered disabilities. 

Wrongful Termination:
Termination of employment cannot be classified as "Wrongful Termination" unless it is in violation of some fundamental public policy, as set forth in a state or federal statute, regulation or constitutional provision.  Examples of Wrongful Termination include situations where:

• An employee is discharged for failure to comply with an order to perform an act that violates some law, ordinance or regulation, or
• An employee is discharged in retaliation for complaints about conduct by the employer that he or she believes to be unlawful, e.g., failure to pay overtime, or failure to comply with safety regulations.

Sexual Harassment:
Sexual harassment is any unwanted and unwelcome sexual behavior that involves a quid pro quo  of sexual conduct in exchange for an employment benefit, or is so severe and pervasive that it alters the conditions of employment and creates a hostile or abusive work environment.  It involves a broad range of conduct, including such verbal harassment as derogatory comments, explicit sexual comments and descriptions of sexual exploits, leering or requesting sexual favors.  The term also describes physical harassment, ranging from inappropriate touching to outright sexual assault. In order to be classified as illegal the conduct in question must be both unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, prohibited in employment settings under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act.

Overtime Compensation:
Under both State and Federal law employers are required to pay additional compensation to non-exempt employees who work more than forty hours during any seven-day period.  For every hour over forty hours in any given workweek, the employer must pay the eligible employee at least one and one-half times the employee's ordinary hourly rate.  In California, employers must also pay overtime to non-exempt employees who work more than eight hours in one day.

Defamation (Libel & Slander):
Defamation is the communication of a false and unprivileged statement that exposes another to hatred, contempt or ridicule, or which causes him or her to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation.  

Defamation communicated verbally is called "Slander," but if it is communicated in writing, it is called "Libel".  As a general rule it is easier to recover damages in a lawsuit for libel than in a slander lawsuit.  Most defamation litigation in the employment arena concerns the employer’s “qualified privilege” to defame.  Under this concept, employers and former employers are often protected from liability for defaming employees or former employees.  By its very definition, however, the privilege is “qualified,” and not “absolute”.  It is generally limited to situations in which the employer or former employer is making a good faith communication of information to someone who has a legitimate interest in receiving it.  A good example of this is a former employer’s good faith response to a new or prospective employer’s inquiry about the job performance of a former employee.  Generally speaking, even if the information given is false and damaging and would otherwise give rise to a defamation lawsuit, it will be protected under the “qualified” privilege.

If the communication exceeds the scope of the privilege, the privilege is not available.  False and damaging information will not be protected by the privilege if it is made with knowledge or reckless disregard of its falsity, or with the intent to cause injury to the former employee.  It is important to remember that however damaging it may be, a truthful statement cannot form the basis of a defamation lawsuit.  This legal truism is often expressed in the phrase:  "The Truth is a complete defense to a defamation action".

Severance Agreements:
A severance agreement is a form of settlement agreement under which an aggrieved employee agrees to accept an agreed sum of money in exchange for, among other things, abandoning all claims against the employer.  Where it can be negotiated, a severance agreement saves money and aggravation for both sides. Severance agreements commonly include confidentiality clauses.  

Trade Secrets Agreements:
Employment contracts frequently contain provisions for the protection of the employer’s “trade secrets”.  These may range from customer data of one kind or another, to company designs, or even “secret recipes”.  California law also protects an employer's trade secrets and prohibits misappropriation of trade secrets irrespective of any contract. 

Non-competition Agreements:
Non-competition agreements are provisions contained within an employment contract which restrict the activities of an employee after leaving the service of the company.  In California, with limited exceptions, non-competition agreement are typically unenforceable.  Courts treat non-competition agreements with suspicion—with an eye toward preventing unnecessary and unreasonable interference with a person’s livelihood after severance of the employer/employee relationship.

Whistleblower Claims:
Whistleblower Claims involve employer retaliation against an employee who reports the improper or unlawful conduct of another employee or of management itself to government authorities.  It is illegal for an employer to retaliate against a “whistleblower.”

Employment Policy Manuals & Employee Handbooks:
An extraordinarily high percentage of Employment Law conflicts arise because there simply is no established company policy on a particular issue or the existing policy is either unknown or poorly understood.  Competent Employment Law counsel can help draft and put together a company policy manual that is both comprehensive and understandable, and an employee handbook that leaves no doubt as to what is expected from each employee, and what he or she can expect from the company.

If you or someone you know in Southern California needs the assistance of an experienced Orange County Labor Employment Attorney, call Geniene Stillwell today at 866-502-8236, or complete the contact form provided on this site to schedule your initial consultation.

 

If you or someone you know in Southern California needs the assistance of an experienced Orange County Labor Employment Attorney, call Geniene Stillwell today at 866-502-8236, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Stillwell Law Office, P.C.
1100 S. Coast Hwy, Suite 315
Laguna Beach, CA 92651
Telephone: 866-502-8236
Fax: 949-494-4734

MEMBERS OF THE FIRM:

Geniene B. Stillwell

EDUCATION:

• Juris Doctor, 1988, University of Texas
  • Member of the Order of the Coif, Member of The Texas Law Review, Achievement Award for Brief Writing and Oral Advocacy 1986, AmJur Award, Honors Grades in several courses
• Bachelor of Business Administration, 1985, Texas A&M University
  • Major in Business Management, Graduated Magna Cum Laude, Phi Beta Kappa, Dean's Award for Most Outstanding Senior in Management

JURISDICTIONS LICENSED IN:

• California

PROFESSIONAL MEMBERSHIPS:

• Orange County Bar, Labor and Employment Section
• American Bar Association
• California Employment Lawyers Association

EXPERIENCE INCLUDES:

Wrongful Termination and Discrimination Litigation:  Representing plaintiffs and defending companies and executives in civil litigation involving wrongful termination, discrimination, harassment, wage and hour claims, claims under the California Labor Code, unfair competition, and other employment related torts; conducting trials, hearings and arbitrations in state and federal court, and before the Labor Commissioner; preparing briefs and presenting oral argument before the California Courts of Appeal and the Ninth Circuit.

Consultation and Advice:  Providing advice to employees regarding employment contracts, wage and hour issues, termination issues, severance agreements, trade secrets, responding to unfair employer decisions, and litigation options.  Providing advice to company management on employment decisions, wage and hour issues, and compliance with various statutes including the Americans with Disabilities Act, the California Fair Employment and Housing Act, Title VII, and the state and federal family leave acts.