| BYERS & WARRICK |
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San Francisco (415) 357-0111 760 Market St., Ste. 714 Oakland (510) 465-4000 1999 Harrison St., Ste. 2010 |
     
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EMPLOYMENT LAW From our offices in San Francisco and Oakland, California, we have represented employees working throughout San Francisco, Alameda, Marin, Sonoma, Napa, Solano, Contra Costa, San Mateo and Santa Clara County. Hiring an experienced California employment attorney will give our clients the best chance of resolving our clients’ issues as smoothly and efficiently as possible. From our employment offices in San Francisco and Oakland, California, we represent employees working throughout the Bay Area. We can help you start solving your employment problems, including: • Unmerited or abusive criticism and disciplinary actions • Discrimination based on gender, age, disability, national origin, race, sexual orientation or religion • Harassment based on gender, age, disability, national origin, race, sexual orientation or religion • Retaliation for engaging in legally protected activities such as complaining of discrimination • Wrongful termination in violation of a public policy set forth in a federal or state law, rule or regulation • Wage and hour disputes (including overtime and failure to timely pay wages) We can help you make decisions regarding: • Employment Contracts setting forth the terms and conditions of employment • Responding effectively to unfounded criticism by superiors that may be the result of an impermissible motive such as racism or sexism • Severance Agreements that govern how you and your employer treat each other at the end of the employment relationship California and Federal employment law is a complex network of rules and regulations that controls how employers must treat employees, former employees, and applicants for employment. Because of this, we focus on employment law and take only a select number of cases so that we can focus our efforts. We do not handle cases for people who have union representation - attorneys helping union members should know Labor Law and the National Labor Relations Act. We do not handle cases for workers whose only concern is receiving compensation for on the job injuries - attorneys helping injured employees should know workers compensation law. Responding To Unfounded Negative Criticisms / Disciplinary Actions At Work. Improving The Client’s Employment Culture / Maximizing An Exit Strategy Constructive criticisms – genuine assessments of what an employee is doing correctly and what an employee can do to improve their workplace proficiency - is an important part of almost any job. While not required by any statute, the giving and accepting of constructive criticism benefits both workplace productivity and the workplace culture. But when the criticism is not constructive – when it is unmerited or becomes abusive – a serious problem can develop. This holds especially true for unfounded or abusive disciplinary actions. Responding to criticism, especially if it is unfounded or abusive, can be a daunting prospect. There is no general law that protects from unfounded or abusive criticism or an unfounded or abusive disciplinary action. For example, without more there is nothing inherently illegal about a termination carried out by a supervisor who doesn’t follow the procedures set forth in a non-union or non-government employee handbook that otherwise describes an employee’s status as “at will.” Unmerited or abusive criticism motivated by illegal discrimination or retaliation, or that violates a collective bargaining agreement or specific employment contract, is not appropriate and should be stopped. And unfounded or abusive criticism may become so severe as to lead to a worker’s compensation or disability stress claim. At Byers & Warrick, on a billable hour basis (typically $ 350.00 per hour) we can help an employee address workplace criticism that concerns the employee. We will objectively assess whether the criticism is constructive or not. If appropriate, we can then design a written response to that criticism that accepts whatever criticism is constructive while firmly but tactfully showing why the unmerited or abusive criticism is inappropriate. We try to include in that response statements from coworkers or supervisors that contain specific facts, an analysis of how the criticism reflects a failure to follow written company procedure, any written evidence that the criticism is inconsistent with other prior or subsequent critiques, and other like indicators. If there is evidence or a good faith basis to believe that the criticism is motivated by an illegal motive such as discrimination, we will say so. In such instances we also demand that an investigation and appropriate remedial action take place. If the criticism involves a disciplinary action, we apply the same methodology and if appropriate argue that the disciplinary action should be removed or reduced. We strive to address workplace criticism and adverse action in a way that best benefits our clients. Our goals are to improve the client’s workplace culture, prolong an inevitable termination while the client searches for other work, or possibly negotiate a severance package. The discussion on workplace criticism and adverse action contained in our website is not and should not be take as advice on how to deal with a particular criticism or adverse action. It should be taken as an invitation for employees to think about the criticism or disciplinary action s/he or she feels is unmerited or abusive and call an attorney with any concerns.
We can help you start solving your employment problems: Family Leave Act violations Equal Pay Act claims Unlawful Retaliation Whistle Blower Protection Severance Agreements Covenants not to Compete Non-disclosure Agreements Wage and hour disputes Wrongful termination Discrimination based on gender, age, disability, national origin, race, sexual orientation or religion Federal Civil Rights Act violations California Civil Rights Act violations Older Workers Benefits Protection Act violations Privacy and employee monitoring Title VII, including sexual harassment claims Americans with Disabilities Act (ADA) violations California employment law and Federal employment law make up a complex network of rules and regulations that controls how employers located throughout the Bay Area must treat employees, former employees, and applicants for employment. If you feel like you are being treated unfairly by your employer, you may have a legal remedy. Hiring an experienced California employment attorney will afford you the best chance of resolving your issue as smoothly and efficiently as possible. LET'S BEGIN MAKING THINGS EASIER! We will evaluate your case for free We will advise you on the best course of action If you are looking for California employment attorneys with the experience and motivation it takes to solve your employment problems, you need look no further
Gender ● Age ● Race ● Sexual Orientation ● Disability ● Unlawful Retaliation ● Whistle Blower Protection Get Your Case Started
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Curtis E. Allen, Esq. is a graduate of Northeastern University School of Law, Boston, MA. For over six years Mr. Allen has advocated in the Bay Area to protect his clients’ civil rights, with an emphasis on civil rights in employment. He has resolved matters in his clients’ favor prior to litigation, and has litigated numerous matters in federal and state court. He has also handled civil rights related appeals in federal and state court. Douglas B. Warrick, Esq. is a graduate of Boalt Hall Law School. Mr. Warrick has extensive felony jury trial experience, and has successfully defended hundreds of clients on charges from drunk driving to murder. In addition to criminal defense, Mr. Warrick has worked as a civil litigator for Pillsbury, Winthrop, LLP. Robert D. Byers, Esq. is a native of San Francisco, a graduate of Stanford Law School and is fluent in Spanish. Mr. Byers practices in both State and Federal Courts and has extensive experience in major criminal cases. He has litigated numerous motions involving search and seizure, police dishonesty, and discovery issues for the benefit of his clients.
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This site was last updated 03/13/06
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