Labor & Employment Litigation & Appellate Practice

Labor & Employment Litigation & Appellate Practice

Overview

Cox, Castle & Nicholson represents and defends employers in all types of employment claims in state and federal courts, before governmental agencies, and in arbitration and mediation, including:

  • Breach of contract
  • Defamation
  • Employee misclassification and independent contractor claims
  • Employment discrimination, harassment and retaliation
  • Fraud
  • Harassment - sexual, racial, religious, etc.
  • Invasion of privacy 
  • Misappropriation of trade secrets and confidential information
  • "Whistleblower" claims 
  • Wrongful termination 

We regularly appear on behalf of employers before administrative agencies such as the California Division of Labor Standards Enforcement (DLSE), California Department of Fair Employment and Housing (DFEH), U.S. Equal Employment Opportunity Commission (EEOC),  U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), and the California Employment Development Department (EDD).

We are also experienced appellate counsel, having represented clients before the U.S. Supreme Court, the California Supreme Court and state and federal Courts of Appeal. We routinely represent employer and developer trade associations as amicus curiae in appellate matters on issues of significant concern to employers, particularly those in the real estate and construction industries. Although we generally seek an early, successful resolution of litigation, our appellate expertise enables us to counsel clients on options available on appeal and to properly preserve and support an effective appeal during litigation.

Representative
Matters

Successfully defended the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 before the United States Supreme Court.

Successfully defended and maintained trustee and sponsor interpretation of vacation plan structure through federal trial and appellate courts, obtaining a decision which protected trustee interpretations of ERISA benefit plans nationwide

Obtained complete dismissal by demurrer of wrongful termination and tort claims brought by dozens of employees against hotel developer and operator.

Obtained appellate decision enforcing arbitration agreement against out-of-state employee resulting in the transfer of the case to Texas for arbitration before the American Arbitration Association.

Following a trial alleging race discrimination, prevailed on appeal in an action filed by a minority construction worker against his employer following his termination for fighting with a co-worker

Defended a San Francisco technology company in arbitration and defeated all claims for wrongful termination and national origin discrimination case.

Represented former WorldCom in all wage and hour disputes filed in Northern California at the labor commissioner level.

Attorneys &
Paralegals

Name Title City Phone  
Briseño, Monica R. Associate Los Angeles 310.284.2242
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Hamidi, Ali P. Partner San Francisco 415.262.5106
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Kitchen, Jonathan S. Partner San Francisco 415.262.5168
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Kranz, Frederick H. Partner Orange County 949.260.4626
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McKenzie, Dwayne Partner Los Angeles 310.284.2279
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Miller, Jr., John S. (Rocky) Partner Los Angeles 310.284.2235
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Noneman, Charles E. Partner Los Angeles 310.284.2236
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Purvis, James M. Associate San Francisco 415.263.5514
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Sullivan, Mark B. Senior Paralegal Los Angeles 310.284.2296
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