Wage & Hour ~ Labor Law​​

Employment Law for Employees

408-418-0234
tom@sva-net.com
Unpaid Commissions
Commonly prosecuted claims include: Failing to pay commissions at or after termination, (Labor Code Section 203); failure to implement a formal commission plan, (Labor Code Section 2751); clawbacks for non-compete violations (Labor Code Section 925), and breach of employment contracts & wage protections,  
Mis-Classification, Overtime
Employment & Labor Law
Under the Fair Labor Standards Act and California Labor Code, "non-exempt" employees are eligilbe for overtime, (Labor Section 510-515),  mis-classifying employees as independent contractors subjects employers to damages claims and special penalities, (Labor Code Section 226.8, Labor Code section 3710.1), and missed meal and rest breaks entitles the employee to premium pay, (Labor Code Section 226.7).
You know when you have been treated unfairly, when you have been denied the legal rights, privileges and benefits of employment.  But, what can you do about it?   What are your options?   This law practice exists to level the playing field, representing employees in asserting their rights and achieving successful outcomes.  From simple employment contract and release issues to complex mis-classification claims, Attorney Tom Walker represents employee-side of employment and wage claims.

Often claims can be resolved through communication, strategic demands, and negotiation. If the pursuit of justice needs to escalated, there may be opportunities to retain your confidentiality through agency filings, mediation and arbitration.  As a last resort, your claims may be brought in the Federal or State of California Courts.  Attorney Tom Walker has the experience of leading his clients through over 500 employment law cases, has sucessfully negotated dozens of cases in mediation, and has litigation experience in California, Washington and Alaska.  This legal practice currently represents employees in all the counties of the Greater San Francisco Bay Area, emphasizing employees of technology companies.

    
Agreements & Severance
Your final agrement with your employer should compensate you for contributions above and beyond the basic employment bargain, and provide you with a realistic transition period.  You should not agree to over-reaching restrictions, and you should demand certain protections with respect to your reputation and future liability.  This practice has reviewed & negotiated hundreds of these agreements.
Let Me Fight for You

Call me; let's discuss your options, your risks & your rewards.

(408) 418-0234 

Areas of Routine Legal Practice

On Behalf of Employees Only:

  • Wrongful Termination of Employment
  • Wage & Hour Claims
  • Workplace Investigations, Employee-side
  • Age & Gender Discrimination & Harassment
  • Race & Origin Discrimination & Harassment
  • Unlawful Retaliation ~ Protected Activities
  • Non-Compete and Non-Solicitation Covenants 
  • On-Boarding Negotiations & Contracts
  • Separation Strategy & Coaching
  • Severance Negotiation, Contract Review
  • Non-Competes & Clawbacks
  • Agency Litigation: DLSE, EEOC, DFEH, MSPB
  • ERISA Rights and Equity Claims
  • Deferred Compensation Plans
 
Our Clients:

It has been an honor to represent administrative employees, undocumented workers, salespersons, executives, artists, CFOs, consultants, CEOs, financial brokers, computer specialists, global VPs, software engineers, account managers, academicans; all types of employees & professionals.


Client awards, negotiated resolutions and settlements have delivered millions of dollars to clients and positioned them for ongoing success in their careers. 

Tom Walker

​​
    Since 2003 I have been 100% dedicated as an employment & ERISA law practitioner for the employee-side of employment law disputes. From start-up to Fortune company experience in Northern California, my practice routinely represents clients in getting results through negotiation, coaching, civil litigation, arbitration & mediation involving discrimination and wrongful termination claims, wage & hour disputes, consulitng on non-compete and nondisclosure agreements, and assisting clients with separation strategy and severance negotiations. I have litigated numerous employment claims pertaining to wrongful terminations, sexual harassment, race/religious/disability discrimination, mis-classification, breach of employment contracts and ERISA fiduciary duties, as well as completing countless hearings and government agency audits.
    My prior professional background includes leading a top tier consulting practice, Governor for the Society of Human Resources Management, Adjunct Professor of "Employment Law" SVU Law School, ... and as a contract negotiator for the Brotherhood of Teamster (distant past). My formal training includes the executive leadership program at Harvard Graduate School of Business, transmutational leadership through Porgorel Consulting, obtaining a Doctor of Jurisprudence Thomas Jefferson Law School (1983), and ongoing continuing education in communications and negotiation. 
  1. 1
    Contact Form
  2. 2
    Labor Law Information
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    Severance Information
  4. 4
    My BLOG
  5. 5
    Employment Legal Aid
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    WorkplaceFairness.Org
You can contact me via a Form Submission at the following website link:

http://www.wlg-ca.com/Contact_Us.html
You can read / research employment law articles at the following website link:

http://www.wlg-ca.com/INFO.html
You can review my resources about Severance Pay at my website link:

http://www.severance-ca.com/Resources.html
Read my workplace Blog at he following website link:

http://unchainedcareer.com
Bay Area Low income workers can find employmnet law lhelp at this center:

http://las-elc.org/
You can reach this popular Employee Rights resource website here:

http://www.workplacefairness.org/
Free Inquiries Welcome & Always Confidential

Call or email Attorney Tom Walker; if unavailable Tom will respond as soon as possible.

Address: 2880 Zanker Road, Suite 203
North San Jose, CA 95134
Telephone:   (408) 418-0234
tom@sva-net.com
First they ignore you, then they laugh at you,
then they fight you,  then you win.

Mahatma Gandhi