Employment Law

GCA Law Partners LLP is unique for a firm of its size in its extensive employment law expertise. Because of this expertise, the firm is able to offer companies a broad range of employment-related legal services, including drafting, review and implementation of documents; compliance auditing and planning for federal and state law requirements; executive compensation planning; advising on hiring, severance, reduction in force and general termination issues; litigation in state and federal courts and alternative dispute resolution; and participation in proceedings before such agencies as the California Labor Commissioner, the California Department of Fair Employment and Housing, and the United States Equal Employment Opportunity Commission.

Employee Relations

We design and review employee handbooks and individual policies and procedures; we counsel on discipline and promotions; we oversee employee relations matters, from minor discipline through major workplace performance problems; we will help with employee investigations and counseling; we frequently advise on overtime issues; we advise on leaves of absence, particularly maternity leave and the Family and Medical Leave Act; and we handle many sexual harassment issues, ranging from training to investigation of claims.

Hiring

We review and draft employment applications and offer letters; we advise on recruiting practices and the use of background checks; we guide our clients through the law on drug and alcohol testing; and we prepare confidentiality and assignment of inventions agreements.

Termination Procedures

We are frequently involved in employment termination decisions made by our clients, and advise on notice requirements for plant closings and RIFs; we help with preventive counseling before an employment termination occurs; we advise on wrongful termination issues; we help with severance negotiations, and have extensive experience in drafting separation agreements that involve complex equity and compensation issues.

Employment Law Compliance Reviews

We perform comprehensive reviews of employment forms, policies and practices to ensure compliance with state and federal law. Our goal is to provide appropriate guidance in preventing employment problems before they arise and to make sure employment practices stay current with new developments that impact employers.

Benefits and Compensation

We offer counseling to corporate clients and individuals with respect to a wide range of benefits and compensation issues, including the design, implementation and operation of equity compensation, retirement, health and welfare, fringe, and non-qualified deferred compensation plans, COBRA and HIPAA compliance issues, fiduciary issues, correction of plan failures, and advising clients on benefits and compensation issues in mergers, acquisitions, spin-offs, and joint ventures. In addition, we are able to provide experienced, independent guidance to public company directors and investors on matters that come before the compensation committee of the board.

Employment Tax Review

Our Tax and Employment Law attorneys work side by side to guide employers through the complexity of an employment tax review, whether it is at the State of California or federal level. We have represented numerous companies, from small privately held business to large multinational corporations in responding to such reviews, negotiating with taxing authorities, appealing assessments, and implementing “best practices” related to worker classification.

Litigation and Employment Dispute Resolution

Our Litigation Group has experience dealing with all types of complaints in state and federal courts in cases arising out of work-place disputes, wrongful termination and sexual harassment, retaliation complaints, and other types of discrimination allegations such as age, race, and national origin. In addition to our court experience, up to and including jury trials, we also represent parties in employment disputes before agencies such as the California Department of Fair Employment and Housing, the California Labor Commissioner, the United States Equal Employment Opportunity Commission, or the California Employment Development Department. We also have a strong commitment to resolving employment matters efficiently for our clients, and our attorneys have participated in many mediations and arbitrations to resolve disputes between employers and employees.

Independent Investigations

We are often retained by companies to act as independent investigators and fact finders in matters involving allegations of harassment, discrimination, hostile work environment and retaliation. On occasion our attorneys have provided testimony in such cases, and we generally provide a detailed written report to appropriate officers or directors of the company.