Effective Resolutions to Disputes in the California Workplace
Based in San Diego, CL Ludmer, A Law Corporation represents businesses and employees in complex employment disputes. Chris has more than two decades of trial experience, trying more than 70 cases to jury verdict and reaching equitable settlements in hundreds of other cases. He is a former Navy JAG Corps lawyer with the telltale military qualities of discipline, organization, professionalism and ethics.
Because Chris represents companies and employees in separate lawsuits, he can view each case from the opposing counsel’s point of view. This unique perspective makes him a strategic negotiator who anticipates the other party’s next moves and ultimate goals. In addition, his reputation for fierce trial advocacy often results in more advantageous settlements when an agreement would benefit his client.
Federal and California laws prohibit employers from making adverse employment decisions based upon a person’s inclusion in a protected class, including religion, race, nationality, age, genetics, disability, pregnancy, gender or sexual orientation. In order to prevail on a discrimination claim, the plaintiffs must prove that the adverse employment decision arose from disparate treatment or disparate impact.
Chris handles discrimination claims from the defense’s and plaintiff’s position. He can also assist businesses with litigation avoidance through effective company policies and processes.
Like most states, California is an at-will employment state. This means the employer and the employee each generally have the right to terminate the working relationship with or without cause. However, the employer is not allowed to fire its employee based upon her or his membership in a protected class or in retaliation against a whistleblower. Furthermore, the parties can negotiate an employment or executive contract for a term of service and that makes severance contingent on certain conditions.
Whether any particular termination was legally proper is often a complex, nuanced question. Chris has the experience and knowledge to prove whether a company’s decision to fire its employee was lawful.
Department of Labor and IRS regulations apply to each type of worker-business relationship differently. For example, contract laws govern the issues related to an independent contractor, whereas most Department of Labor laws do not. Likewise, executives and professionals are exempted from certain wage and hour requirements.
How personnel are classified can drastically affect taxes, wages, benefits and legal rights. Yet, the classifications are not always clear-cut. Whether purposeful or unintentional, misclassification is common and can create sticky legal issues.
Because one incident of misclassification generally indicates systemic misclassification, Chris often handles these claims as class actions. In separate cases, he has defended businesses that are correct in their interpretation of the law or that made an honest mistake and he has represented employees whose incorrect classification has deprived them of pay or rights.
Consult with an Experienced Employment Trial Lawyer
Schedule a case consultation with attorney Chris Ludmer to learn more about the your legal remedies and rights under the California and federal employment laws.