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PRACTICE AREAS
| EMPLOYMENT LITIGATION |
Employment Litigation involves some
of the most emotionally charged, explosive confrontations between human
beings, and requires insight and compassion in order to resolve these
cases. In the employment arena, "success" comes in many forms.
Bergman & Dacey, Inc. understands each of our clients has unique needs
and that it is our job to meet those needs.
HOW BERGMAN & DACEY, INC. CAN ASSIST YOU
- Pre-Litigation Counseling and Advice We provide
ongoing advice and counseling to our clients who we also represent
in litigation in a variety of areas including: wrongful termination,
discrimination, harassment and retaliation, workplace violence, disability
rights, leave rights, drug testing and privacy rights, peer-to-peer
sexual harassment, worker classification, and reductions-in-force.
We have performed internal investigations of alleged workplace misconduct
as well as audits to ensure compliance with current employment laws
and regulations. In each of these areas, we have helped clients identify
and resolve disputes thereby avoiding unnecessary litigation.
- Litigation We defend private and public sector
employers in state and federal court in cases alleging discrimination
(based on sex, race, age, disability, religion, sexual orientation,
national origin), harassment, retaliation, State and/or Federal constitutional
rights, leave rights, wrongful termination, breach of contract, worker
mis-classification, the Equal Pay Act, workplace violence, and various
tort claims. We have extensive experience in handling designated complex
class actions and have litigated many "cutting-edge" legal
issues. We also have a long track record of successfully defending
our clients' victories on appeal.
- Administrative Hearings and Complaints Filed with Outside
Agencies We also represent public and private sector employers
in administrative hearings or complaints filed with Federal and State
Agencies such as the Equal Employment Opportunity Commission, the
Department of Industrial Relations, the Department of Fair Employment
and Housing, the Employment Development Department, the Unemployment
Insurance Appeals Board and other public agency boards, and civil
service commissions.
- Alternative Dispute Resolution We recognize the
important role that alternative dispute resolution may play at all
stages of an employment dispute and depending on the specific facts
of each case, we regularly work with our clients to develop the most
effective ADR strategy.
BERGMAN & DACEY, INC.’S
REPRESENTATIVE MATTERS
- One of Bergman & Dacey, Inc.’s large public entity clients
recently faced a class action lawsuit in which hundreds of temporary
and contingent workers sought employment benefits and status. The
litigation raised “cutting-edge” legal questions regarding
the obligations of public employers to provide rights and benefits
associated with public employment to non-civil service workers. The
claims of these workers totaled more than $100 million and included
retroactive and prospective injunctive relief. By working with our
client to develop and implement strong litigation strategies, Bergman
& Dacey, Inc. was able to separate out significant claims and
position the client to resolve them favorably at a fraction of the
amount demanded. Bergman & Dacey, Inc. also worked with the client
to develop and implement internal policies and procedures that has
allowed the client to resolve prospective issues and avoid similar
claims in the future. We successfully mobilized Amicus support for
our client’s position from over 2,500 public entities throughout
California.
- In a case with broad implications, Bergman & Dacey, Inc. successfully
convinced the California Supreme Court to resolve a conflict among
lower courts in favor of employers to strengthen the definition of
at-will employment. Some lower courts had ruled that when employers
told employees that they could be terminated at any time, this did
not mean that they could be terminated without cause. Through the
Dore case, Bergman & Dacey, Inc. was able to have these lower
court opinions disapproved. The California Supreme Court confirmed
our client’s position, which is that when an employer tells
its employees that they are at-will and can be terminated at any time,
there is no ambiguity in the nature of the employment.
- Bergman & Dacey, Inc. represents a different employer in a
designated complex class action lawsuit brought by individuals who
provided services to the employer as independent contractors. Plaintiffs
claimed that they were misclassified and were entitled to be designated
regular employees. The independent contractors sought to receive all
rights and benefits provided to designated employees. Bergman &
Dacey, Inc. prevailed on a dispositive motion with farreaching implications
for government agencies throughout the State of California that have
relied upon a civil service process as a means for hiring and defining
employees. Specifically, the Complex Litigation Court determined that,
even if plaintiffs met the common law definition of an “employee,”
they were not entitled to the salaries, benefits, and protections
afforded to classified civil service employees under that entities’
Charter, Code, and civil service rules.
- Bergman & Dacey, Inc. represents an employer in a designated
complex case involving “collective” and/or class action
claims arising from alleged violations of federal and state equal
protection laws and gender discrimination laws. Although this case
is still in the early stages of litigation, we successfully negotiated
a case management order that protects the public employer’s
rights and allows for an efficient and cost-effective litigation plan.
- Bergman & Dacey, Inc. represents a county in a class action
brought by persons who performed services for the county as temporary
employees through a special temporary worker program established by
the county. Petitioners assert causes of action for: (1) violation
of the entity’s alleged duty under the Public Employees Retirement
Law (“PERL”) to enroll Petitioners in the California Public
Employees’ Retirement System (“CalPERS”); and, (2)
violation of the County’s Ordinance that generally prohibits
the use of temporary employees for more than 1,000 hours. Petitioners
claim that all temporary workers who provided services to the county
in excess of 1,000 hours are entitled to all of the rights, benefits,
and privileges of permanent County employment on a retroactive basis,
including classification as regular employees of the County, seniority
rights, and enrollment in CalPERS. Bergman & Dacey, Inc. attacked
the Ordinance claim on the grounds that the County is under no duty
to create, fund, and grant petitioners regular employee status and
that the court is without jurisdiction to grant the requested relief
under the separation of powers doctrine. The court sustained the demurrer
to the Ordinance claim, with leave to amend. When petitioners attempted
to re-assert their claims for re-classification and retroactive benefits
as a remedy for the County’s alleged violations of its ordinance
in an amended complaint, Bergman & Dacey, Inc. moved to strike
the requested relief. The court granted the motion to strike, thereby
stripping the action of its core claims.
- Bergman & Dacey, Inc. represented a City as a defendant in
a multi-plaintiff action brought in federal court by mostly female
employees of a police department. The plaintiffs, who were represented
by prominent attorneys and organizations, such as the ACLU and the
NAACP, originally sought to bring the suit as a class action based
upon allegations of sexual harassment, discrimination, and retaliation,
ultimately seeking broad-based injunctive relief and damages. We successfully
eliminated the class allegations of the complaint, so those female
officers were required to pursue their claims on an individual basis,
which enabled us to successfully attack each claim. For example, among
the initial group of individual plaintiffs, we obtained dismissal
of two plaintiffs’ claims on the grounds that plaintiffs failed
to exhaust their administrative remedies and that their claims were
barred by the statute of limitations.
Additionally, the plaintiffs sought and were initially awarded substantial
attorneys’ fees under the private attorney general doctrine
arguing that they were “prevailing parties” under a catalyst
theory. Bergman & Dacey, Inc. successfully appealed this matter
up to the California Supreme Court. The Supreme Court’s decision
placed several limitations on the circumstances under which a plaintiff
could recover attorneys’ fees under the catalyst theory. Under
the Supreme Court’s decision, plaintiffs would have had to meet
a substantial burden to maintain their attorneys’ fees award.
The parties ultimately reached a global settlement that saved Bergman
and Dacey, Inc’s client millions of dollars in defense costs.
- Bergman & Dacey, Inc. regularly represents a global financial
services firm in numerous employment disputes with some of their former
financial advisors, regarding protection of valuable proprietary information
and trade secrets. Bergman & Dacey, Inc. routinely requests immediate
judicial intervention seeking temporary restraining orders and preliminary
injunctions to protect our client from significant irreparable financial
injury.
- Bergman & Dacey, Inc. was brought in by a city to oppose a
post-trial motion by plaintiff for attorneys’ fees exceeding
$1,000,000.00. Plaintiff had recently been victorious against the
city, winning a multi-million dollar jury verdict. Bergman & Dacey,
Inc. successfully convinced the court to award less than $400,000.00
in attorneys’ fees. Early Resolution of Employment Claims.
- Bergman & Dacey, Inc. represented a large school district against
claims by a current teacher that the district had failed to promote
him because of his race and age. After taking his deposition, and
evaluating the processes that the district had gone through in recruiting
for the position at issue, it was determined that the district had
correctly followed its policies and procedures and had not discriminated
against the Plaintiff. In a lengthy mediation session, the deficiencies
of Plaintiff’s claims were demonstrated; although he still contended
that he was discriminated against, the district was able to resolve
the matter to its satisfaction.
- Bergman & Dacey, Inc. represented a large public school district
in an action where a teacher was alleging breach of contract causes
of action, racial discrimination, defamation and intentional and negligent
infliction of emotional distress. The teacher’s defamation and
emotional distress causes of action arose from the principal’s
and assistant principal’s protected activity in furtherance
of their constitutional rights of free speech and petition. Bergman
& Dacey, Inc. filed a motion under the provisions of the anti-Strategic
Lawsuit Against Public Participation (“SLAPP”) statute.
The trial court granted our client’s anti-SLAPP motion, finding
that the challenged causes of action arose from protected activity,
and that the teacher could not demonstrate a probability of prevailing
on his claims. As a result, an entire set of disputed factual issues
were removed from the action. The court also granted Bergman &
Dacey, Inc.’s attorneys’ fee motion reimbursing the public
entity client for the cost of extricating itself from the causes of
action. After the plaintiff filed a First Amended Complaint, the same
court also granted a demurrer filed by Bergman & Dacey, Inc. on
behalf of the public entity, without leave to amend, on the breach
of contract causes of action.
- Bergman & Dacey, Inc. represented a public entity employer
who was required to defend and indemnify an employee in an action
involving a claimed assault and battery on a fellow employee. Bergman
& Dacey, Inc., through targeted discovery and appropriate motions
to sever and dismiss, was able to effectuate a quick settlement with
the plaintiff in a fair and substantially reduced sum from the original
six-figure demand. While the parties were never able to fully determine
the truth and/or veracity of the claims of the altercation, and plaintiff
and an extensive medical and emotional history, the minimal settlement
figure avoided a lengthy trial, as well as exposure to punitive damages.
- In a writ of mandate action filed by a union on behalf of its members
challenging a public sector employer’s right to “contract
out” certain services, Bergman & Dacey, Inc. defended the
employer. We immediately responded to the issues raised in the union’s
petition for writ of mandate, and, working closely with the employer,
successfully negotiated a resolution of this claim before the public
employer had to file a responsive pleading.
- Bergman & Dacey, Inc. successfully represented an employer
and several management-level employees in a "whistle blower"
claim. A former employee claimed retaliation by his supervisor after
the employee reported an accounting error. Through a series of negotiations,
Bergman & Dacey, Inc. reached a confidential settlement before
the employee filed a civil action. As part of the settlement, the
former employee provided a written apology to one of the employee’s
managers, as well as a letter of retraction with respect to their
accusations made to a professional society.
- Bergman & Dacey, Inc. represented a City, its former Police
Chief, and numerous command officers, in a suit filed by two white
male police officers who claimed their civil rights were violated
when they were administratively transferred out of a particular Division.
Bergman & Dacey, Inc. successfully defended the Department against
Motions for Preliminary and Permanent Injunctions in the Trial Court
and a Writ of Supersedeas in the Court of Appeal. After the case was
dismissed based upon our demurrer, Bergman & Dacey, Inc. successfully
recovered an award of attorneys’ fees and costs against the
plaintiffs, which was upheld upon appeal, along with the ruling on
the demurrer.
- Bergman & Dacey, Inc. successfully represented an employer
in a race discrimination complaint brought by a prominent plaintiff’s
law firm. We obtained an immediate dismissal of numerous claims along
with three individuals named as co-defendants. This allowed us to
leverage our client’s position of strength to negotiate an early
resolution favorable to the employer.
- Bergman & Dacey, Inc. successfully represented a school district
and various individual employees in an action brought by a student
who challenged their expulsion by filing a civil rights action. After
the student refused to voluntarily dismiss the complaint, we obtained
a complete dismissal of the action by attacking the complaint on demurrer.
- Bergman & Dacey, Inc. represented a public sector employer
and a managementlevel employee when a former employee filed claims
of sexual harassment, discrimination, and retaliation and also sought
punitive damages. Bergman & Dacey, Inc. filed a demurrer based
upon immunities provided for public sector employers under the Government
Code and noticed plaintiff’s deposition along with an extensive
document request. Without answering our demurrer, the plaintiff voluntarily
dismissed its claims against the management-level employee.
- Bergman & Dacey, Inc. was hired by a water district to represent
a management level employee regarding claims made by a former employee
involving an alleged failure to accommodate a physical hardship, sexual
orientation discrimination, and harassment. The court granted our
motion for judgment on the pleadings as to the “failure to accommodate”
claim on the ground that supervisors are not subject to liability
in their individual capacities under the Fair Employment and Housing
Act ( FEHA). Shortly after our motion was granted, we reached a global
resolution of all the claims.
- Bergman & Dacey, Inc. successfully defended a corporation and
its president against claims of wrongful termination, sexual harassment,
and intentional infliction of emotional distress. After aggressive
discovery disclosed no independent support for the plaintiff’s
allegations, the case was dismissed.
- Bergman & Dacey, Inc. represented a large school district and
one of its assistant principals who were sued by a teacher. The assistant
principal claimed that the teacher had bumped her during an argument
outside a classroom and reported the incident to school district police.
The teacher, who was arrested, sued the school district and assistant
principal for defamation, false arrest and imprisonment, and intentional
infliction of emotional distress. Bergman & Dacey, Inc. successfully
moved to dismiss the entire suit under the anti-SLAPP statute.
- Bergman and Dacey, Inc.’s client in the high technology industry
desired to sever its employment relationship with an upper level engineer.
We advised our client on negotiation strategies and prepared a comprehensive
settlement agreement, which included a full release of any potential
claims, thereby minimizing our client’s potential exposure and
risk arising from the separation.
- Bergman and Dacey, Inc. assisted a large, high-profile non-profit
organization in delicate negotiations regarding the resignation of
its President and Director. Understanding the needs of the organization
and the potential public impact of the negotiations, we were able
to proceed on behalf of the organization in a manner that minimized
negative publicity. Through creative, yet tough negotiation strategies,
Bergman and Dacey, Inc. achieved the organization’s goals for
the future and at the same time eliminated the potential of costly,
high-profile litigation against the organization.
- In an incident of workplace violence, Bergman & Dacey, Inc.
was retained to assist a corporation in obtaining Temporary Restraining
Orders preventing the spouse of an employee from harassing and threatening
a supervisor and co-worker with violence and harm in the workplace
and at home. Within 48 hours, Bergman & Dacey, Inc. worked with
the corporation and its employees to appear in court with all the
appropriate pleadings and declarations and successfully obtained Temporary
Retraining Orders and Orders to Show Cause. The defendant then attempted
to evade service of process of the court filings. Bergman & Dacey,
Inc. worked closely with law enforcement agencies and private process
servers to timely serve the defendant.
Resolution of Employment Claims Through Motions
for Summary Judgment
- Bergman & Dacey, Inc. represented two corporations in a wrongful
termination suit arising out of a Los Angeles regional office. Bergman
& Dacey, Inc. took an aggressive approach at the outset by pursuing
the plaintiff’s deposition and pinning down his story early
on. This tactic proved successful, as the court granted motions for
summary judgment filed on behalf of each corporation, which were based
primarily on the plaintiff’s deposition testimony.
- Bergman & Dacey, Inc. represented a school district in a matter
involving a dispute between a former teacher and her principal concerning
an unfavorable reference. Plaintiff’s complaint included causes
of action for intentional and negligent interference with the economic
relationship, defamation by slander, negligent employment, intentional
and negligent infliction of emotional distress, and wrongful denial
of employment. The court granted summary judgment on behalf of the
school district and the individual principal. We then successfully
defended this ruling before the Court of Appeal.
- Bergman & Dacey, Inc. obtained summary judgment on behalf of
a high-ranking law-enforcement official who allegedly discriminated
and retaliated against a subordinate officer. Plaintiff asserted his
discrimination and retaliation claims under the California Fair Employment
& Housing Act and Art. I, § 8 of the California Constitution.
After detailed discovery efforts and numerous deposition sessions
with plaintiff, Bergman & Dacey, Inc. was able to establish that
plaintiff had not suffered any actionable adverse employment actions
and that the high-ranking official could not be held individually
liable for personnel management decisions. Additionally, Bergman &
Dacey, Inc. demonstrated to the court that the individual supervisor
was immune from any personal liability under the “discretionary
act” immunity available under the Government Code. The Court
of Appeal upheld these rulings.
- Bergman & Dacey, Inc. successfully represented a City, its
Chief of Police, and numerous other command officers in a federal
civil rights action. This action alleged the defendants engaged in
a multi-year pattern of discriminatory conduct towards a police officer
throughout his entire career based upon his race and religion. Bergman
& Dacey, Inc. successfully pursued a motion for summary judgment
after deposing the plaintiff, and before any defendants were deposed,
thus ensuring none of our clients had to sit through a deposition.
Bergman & Dacey, Inc.’s efforts resulted in the federal
court dismissing all of plaintiff's claims against every defendant.
The ruling found that plaintiff did not offer evidence in opposition
to the summary judgment motion sufficient to raise a triable issue
of fact on any of his claims of racial or religious discrimination.
This summary judgment ruling was upheld on appeal.
- Bergman & Dacey, Inc. obtained summary judgment on behalf of
a high-ranking city official in his individual capacity, as well as
on behalf of the city. The plaintiff’s claim consisted of allegations
of discrimination based on sexual orientation, religion, gender, wrongful
termination, and violation of the “whistle-blower” statute.
After extensive discovery, including the plaintiff’s deposition,
we successfully demonstrated to the court that the plaintiff had no
evidence to support any of his claims.
- Bergman & Dacey, Inc. successfully obtained three separate
motions for summary judgment on behalf of a corporation and two individual
managers who allegedly terminated an employee based on race and/or
national origin discrimination. The plaintiff also alleged breach
of an oral contract, breach of a written contract and wrongful termination.
Our motions for summary judgment were based in large part on the admissions
obtained from plaintiff during his deposition where his testimony
failed to support, and/or completely contradicted, his original allegations.
- Bergman & Dacey, Inc. obtained summary adjudication of federal
civil rights and state claims asserted by two female state prison
inmates against the Warden, Chief Deputy Warden, and several investigators
of a state prison located in Southern California. Both inmates claimed
the first defendants (and other Dept. of Corrections personnel) coerced
the inmates into acting as informants, and then retaliated against
then when they refused to do so; the second inmate asserted that she
was placed into administrative segregation and transferred to another
prison facility when she attempted to assist the first inmate in publicizing
her plight to the media. Bergman & Dacey, Inc. established that
state law statutory immunities protected the public sector employees
from any common law and state claims, and that neither inmate established
violations of their federal or Constitutional rights giving rise to
a civil rights claim. The plaintiffs did not appeal from the judgment
of dismissal that followed the court granting our clients’ summary
adjudication motion.
- Bergman & Dacey, Inc. represented a school district in one
of the first peer-to-peer sexual harassment cases filed in California,
in which the student and her parents asserted various civil rights
and general negligence claims. After Bergman & Dacey, Inc. filed
a motion for summary judgment, the plaintiffs agreed to settle the
case for a minimal amount.
- Bergman & Dacey, Inc. represented a school district in a petition
for writ of mandate filed by the Teacher’s Union on behalf of
a teacher. The petition challenged the legitimacy of certain statutory
proceedings commenced by the district under the Education Code. In
response to the petition, Bergman & Dacey, Inc. filed a Motion
for Summary Judgment or, in the Alternative, Summary Adjudication
of the causes of action, citing various Government Code immunities.
After reviewing our pleadings on behalf of the district, counsel for
the Teacher’s Union conceded the validity of the arguments,
waived all damage claims, and instead negotiated a minimal settlement.
- Bergman & Dacey, Inc. obtained four summary judgments on behalf
of a public entity client and three individual defendants in an action
involving race discrimination, harassment, retaliation, and intentional
infliction of emotional distress. The plaintiffs claimed that defendants
discriminated against them in the recruitment process, denied them
training and promotional opportunities because of their race and age,
and retaliated against them when they complained about their alleged
mistreatment. Bergman and Dacey, Inc. prevailed on dispositive motions
by highlighting the various opportunities that plaintiffs received
and by establishing that plaintiffs had not been denied any position
for which they applied and for which they were qualified. We also
established that, with respect to certain claims, plaintiffs had failed
to exhaust their administrative remedies by failing to identify the
alleged wrongful acts placed at issue in their lawsuit. Bergman &
Dacey, Inc. also obtained an order requiring plaintiff to pay the
costs our client incurred in the successful defense of the action.
- Bergman & Dacey, Inc. obtained summary judgment in favor of
a government entity client in a class action lawsuit involving over
200 female attorneys. In this action, plaintiffs claimed that under
the Federal Equal Pay Act, California Equal Pay Act, and the California
Fair Employment and Housing Act, they suffered gender discrimination.
Specifically, plaintiffs argued that as employees of a non-profit
company performing the same duties as public employee attorneys, they
were entitled under statute and common law principles to the same
salary and benefits afforded to male civil service attorneys employed
by the government entity. We prevailed on a dispositive motion by
proving that there were no unlawful pay differentials between the
female attorneys at the non-profit organization and the male attorneys
at the government entity by establishing: (1) that plaintiffs had
selected an inappropriate male comparator (i.e., government male attorney
vs. non-profit male attorney employee); and (2) that the pay differentials
were based on legitimate factors other than sex (i.e., merit based
civil service system and cost savings). Finally, we were able to establish
that there was no evidence as a matter of law of disparate treatment
that would support a FEHA claim.
- Bergman & Dacey, Inc. represented a school district client
in a lawsuit brought by a former employee. In this action, plaintiff
claimed that under the California Fair Employment and Housing Act,
he suffered disability discrimination. Specifically, plaintiff argued
that he was not provided reasonable accommodation for his alleged
disability, and that the employer had failed to engage in the interactive
process. Plaintiff’s claimed damages included lost wages, benefits,
and attorneys’ fees. After moving for summary judgment, Bergman
& Dacey Inc. successfully negotiated a settlement with very favorable
terms to our client that resulted in the dismissal of the lawsuit,
with prejudice, and an agreement that the employee will not seek reinstatement
or future employment with the district.
- Bergman and Dacey, Inc. successfully defended one of our school
district clients against a retaliation claim by a teacher who asserted
that he failed to obtain certain positions after previously filing
a lawsuit against the school district for religious discrimination.
By filing a strong motion for summary judgment against the teacher,
Bergman and Dacey, Inc. positioned the school district to settle the
matter on highly favorable terms, which included the teacher’s
resignation and agreement not to seek future employment from the school
district.
Successful Use of Alternative Dispute Mechanisms
To Resolve Employment Claims.
- Bergman & Dacey, Inc. represented a large school district and
an individually named supervisor against a plaintiff who alleged sexual
harassment and retaliation resulting in her termination from the district.
After narrowly focused discovery, including subpoenaing the plaintiff’s
medical records and taking her deposition, evidence was uncovered
that demonstrated that the plaintiff had fabricated most, if not all,
of her allegations, including an alleged medical condition that she
contended was a result of harassment. The case settled through mediation
for a minimal value.
- Bergman & Dacey, Inc. represented a City and certain officials
in a federal civil rights action brought by the estate of the decedent,
alleging wrongful death, assault and battery, Fourth and Fourteenth
Amendment violations, and negligent hiring and supervision. After
intensive written discovery and our participation in mediation, we
successfully settled the case for an amount overwhelmingly favorable
to the City.
- Bergman & Dacey, Inc. represented a public sector employer
in a pregnancy discrimination action brought by an individual who
worked for the entity as an agency temporary worker. After extensive
discovery and pre-trial motions, the case resolved favorably for the
employer as the result of our participation in mediation.
- Bergman & Dacey, Inc. defended a school district and several
district employees against claims brought by a former district employee
alleging wrongful termination, defamation, violations of state and
federal laws prohibiting religious discrimination, infliction of emotional
distress, breach of contract, as well as fraud and deceit. The case
settled through mediation for a fraction of what the plaintiff originally
sought in damages.
- Bergman & Dacey, Inc. represented a private sector employer
in an action brought by a white male in an executive position, who
claimed he was unfairly passed over for a promotion. Within a week
after receiving the complaint, Bergman & Dacey, Inc. launched
a defense with focused discovery, aimed at establishing our client’s
right to summary judgment. Based on the strength of our summary judgment
motion, we negotiated a successful resolution during mediation.
- Bergman & Dacey, Inc. represented a public healthcare district
and several of its employees in an employment lawsuit brought by a
former executive. After removing the matter to federal court, Bergman
& Dacey Inc. successfully moved to compel binding arbitration
pursuant to the executive's employment agreement. Prior to the arbitration
hearing, the parties agreed to voluntarily mediate the dispute, during
which Bergman & Dacey, Inc. negotiated a successful settlement
that resulted in the dismissal of the executive's lawsuit against
all of our clients.
Resolving Employment Claims Through Trial/Administrative
Hearings
- Bergman & Dacey, Inc. obtained a reversal of the Employment
Development Department’s determination that an individual providing
services to a non-profit corporation as an independent contractor
was mis-classified. After a hearing before the Unemployment Insurance
Appeals Board, the administrative law judge found that the individual
was properly classified as an independent contractor and reversed
the Department’s determination.
- Bergman & Dacey, Inc. represented a public entity in state
and federal proceedings to enforce an establishment’s compliance
with local ordinances and regulations pertaining to adult entertainment
clubs. The case involved civil rights, First Amendment, and land use
issues. Based on our successfully arguing nuisance and violation of
the applicable zoning ordinances, the trial court permanently enjoined
the defendants’ unlawful operation and ordered the seizure of
couches and tables where the prohibited “lap” dancing
occurred. The defendants were twice held in contempt for violating
the preliminary injunction issued at the commencement of litigation.
- Bergman & Dacey, Inc. defended a school district against one
of the first male-tomale sexual harassment claims brought against
a California school district. Bergman & Dacey, Inc.’s aggressive
litigation efforts resulted in the outright dismissal of five separate
districtdefendants, and half of the plaintiffs’ legal claims.
After an eight week jury trial, the school district prevailed on the
majority of the claims. On the remaining claims, plaintiffs were awarded
a fraction of their Statutory Offers to Compromise, and less than
5% of the amount they sought at trial.
- A school district employee sued his employer after he tried to
rescind his resignation by contending it was wrongfully induced. Bergman
& Dacey, Inc. represented the district at the hearing on the employee’s
Petition for Writ of Mandate the trial court ruled in favor of the
school district and denied the former employee’s request for
reinstatement. The Court of Appeal upheld the decision.
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