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,
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.
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.