Foster Employment Law

Litigation

Our litigation approach is simple and direct: cost effective, high quality representation.

With limited exceptions, we assign no more than two attorneys to work on any particular piece of litigation to reduce total hours billed and avoid unnecessary costs.

We staff our cases conservatively with experienced lawyers rather than multi-tiered hierarchies, yet still offer rates significantly below those charged by the large law firms.

We have extensive experience in single plaintiff, multi-plaintiff, and wage and hour class action litigation.

We work closely with our clients in setting realistic litigation goals, strategies and budgets, and promptly advise clients of new developments that impact these issues when they arise.

We do not engage in needless discovery disputes or file unnecessary motions that serve only to increase the cost of litigation.

While our firm endeavors to resolve labor and employment disputes informally where possible, we have the experience and expertise to litigate employment disputes when early resolution is not viable.

This approach has served our clients well. Listed below are some of those successes:

Federal District Court (District specified)

Jury verdict in race and sex harassment action (2005) (N.D. Cal)
Jury verdict in independent contractor litigation (2001) (N.D. Cal)
Jury verdict in wrongful termination and harassment litigation (1995) (N.D. Cal)
Summary judgment in race discrimination action (2006) (N.D. Cal)
Summary judgment in age and sex discrimination action (2006) (N.D. Cal)
Summary judgment in ERISA-preempted disability action (2006) (N.D. Cal)
Summary judgment in insurance indemnity action (2006) (N.D. Cal)
Summary judgment of privacy claim (2005) (N.D. Cal)
Summary adjudication in multi-plaintiff race discrimination action (2005) (N.D. Cal)
12(b)(6) dismissal of disability action precluded by res judicata (2007) (N.D. Cal)
12(b)(6) motion to dismiss LMRA 301 preempted employment claims (2006) (E.D. Cal)

California Superior Court (County specified)

Jury verdict in multi-plaintiff race discrimination/IIED action (2007) (San Francisco)
Jury verdict in race and age discrimination action (2007) (Alameda)
Jury verdict in wrongful termination/ sexual orientation discrimination/ defamation action (2005) (Santa Clara)
Jury verdict in wrongful termination/ age discrimination (2003) (Sacramento)
Jury verdict in privacy/ general tort action (2002) (Alameda)
Jury verdict in religious and race harassment/discrimination action (2001) (Alameda)
Jury verdict in wrongful termination/ contract action (1998) (San Diego)
Jury verdict in wrongful termination/ age discrimination action (1997) (Contra Costa)
Summary judgment in disability/ sexual harassment action (2006) (Los Angeles)
Summary judgment in public policy/wrongful termination action (2005) (San Bernardino)
Summary adjudication of wage & hour claims (2005) (Santa Clara)
Summary adjudication of sexual orientation discrimination claims (2004) (Santa Clara)
Summary judgment of multi-plaintiff race discrimination action (2002) (Sacramento)
Summary judgment of wrongful termination/privacy action (2001) (San Francisco)
Summary judgment of gender/ age discrimination action (2001) (San Francisco)
Voluntary dismissal following plaintiff’s deposition (2007) (San Joaquin)
Favorable settlement for prepayment of overpaid wages (2006) (Riverside)
Nuisance value settlement on first day of trial (2005) (San Diego)

Appellate Litigation

Successful defense of summary judgment in disability discrimination/ERISA action (USCA, 9th Cir. – 2009)
Successful defense of trial verdict in multi-plaintiff race discrimination action (Cal. Ct. App. 1st Dist. – 2009)
Successful defense of summary judgment in race/disability discrimination/ERISA action (USCA, 9th Cir. – 2008)
Successful defense of summary judgment in race discrimination action (USCA, 9th Cir. - 2007)
Successful defense of summary judgment in disability discrimination action (USCA, 9th Cir. – 2007)
Successful defense of jury verdict in wrongful termination/ sexual orientation discrimination/ defamation action (Cal. Ct. App. 6th Dist. - 2006)
Successful defense of summary judgment in multi-plaintiff race discrimination action (Cal. Ct. App. 1st Dist. – 2005)
Successful defense of summary judgment in wrongful termination/breach of employment action (Cal. Ct. App. 1st Dist. – 2005)

Administrative Hearings

ALJ trial judgment in Sarbanes-Oxley whistleblower claim (2007)
Successful arbitration of complex discrimination and disability retirement claim against transit company (2007)
Successful arbitration of discharge by municipality for loss of license (2007)
Successful arbitration of discharge by food services company/ * Obtained dismissal of NLRB charge (2007)
Obtained dismissal of class grievance against public employer for wage hour claims (2006)
Successful arbitration of termination of senior technician for municipality (2006)
Successful arbitration of discharge by public employer for loss of license (2005)
Obtained administrative dismissal in Sarbanes-Oxley claim (2004)
Successful arbitration of discharge for workplace violence against maintenance company (2001)
Successful arbitration of national origin discrimination claim against hotel (2000)
Successful arbitration of discharge by manufacturing plant (2000)
Successful arbitration of complex non-compete / partnership withdrawal (2000)
Successful arbitration of trade secrets dispute (1997)