Areas of Practice

Workplace Investigations:

For more than 25 years, I have been conducting independent and thorough investigations. I have conducted hundreds of investigations throughout California, including sensitive, high-stakes matters that involve allegations against employees and managers at all levels, as well as other workplace issues. My expertise covers a wide variety of current and emerging workplace misconduct allegations, including bullying and abusive conduct, substance abuse, hostile work environment, harassment, discrimination, retaliation, and matters alleging fraud, financial misappropriation, conflicts of interest, ethics violations, and social media policy compliance. I also advise on and supervise internal employer investigations to assure compliance with state and federal laws, as well as best practices. As an attorney with a litigation background, I know how to conduct fair, independent investigations and prepare reports that are clear, readable, and which will withstand scrutiny. I can also provide advice to clients on any subsequent action the employer should take consistent with the results of the investigation. When selecting a workplace investigator, it is important to choose somebody who is good at spotting both legal and factual issues, who has significant experience and expertise, who is responsive to the client’s needs, and who can prepare a thorough, well written report. With my past experience as a litigator and extensive experience prosecuting employee discipline cases in the public sector, I can help employers not only with the investigation, but also in providing advice after the investigation on how to prevent similar problems from occurring in the future.

Training:

I provide interesting and interactive trainings in a variety of areas, including sexual harassment/bullying (now mandated for all employees under California law), how to properly document employee performance issues (training for managers/supervisors), performing effective workplace investigations (essential for supervisors who are expected to investigate low-level misconduct), accommodation of disabled employees/applicants, reasonable accommodation, and the interactive process, and much more. Too often employers rely on non-interactive, on-line training, which many employees find boring and uninformative. These kinds of training may be ineffective in actually helping employees fully understand the laws and their obligations. Let me help customize a training to meet your needs.

Adversarial proceedings:

I regularly represent employers responding to agencies such as EEOC, DFEH and OCR. I also regularly represent employers in adversarial proceedings before the Public Employment Relations Board (PERB) and in labor arbitrations. I also represent employees who need assistance preparing for investigatory interviews and in defending against allegations of misconduct in administrative hearings. In addition to conducting workplace investigations, I also use information gathered from such investigations to prepare disciplinary charges against employees where workplace misconduct is found, and assist employers in prosecuting employees with due process rights before governing boards, neutral hearings officers, and the Office of Administrative Hearings. I have represented employers in over 100 employee disciplinary hearings, including termination of tenured faculty members and teachers in California school districts and community college districts. I have taken multiple tenured teacher/faculty cases to full hearing, and prevailed in all of them. In addition, I have a strong civil litigation background, including demurrers, summary judgment motions, and bench trials. I have also handled multiple appeals before the California Court of Appeals.

Student Discipline

I have represented school districts, community college districts and students in student discipline matters. My involvement has been as an investigator and as a prosecutor where serious misconduct is alleged, including sexual harassment, sexual assault, computer hacking, possession of weapons and drugs, and physical violence. I have also represented students contesting wrongful disciplinary action based on assertion of First Amendment rights and due process violations.

Education, Employment and Public Entity Law

I have represented schools, community college districts, other public entities (including police departments and the court system) and individuals (including students and employees) in a large variety of issues involving education, employment, and other issues related to public agencies. Issues include allegations of employee misconduct; violation of civil rights, such as sexual harassment, race discrimination, and bullying; financial impropriety (e.g. embezzlement); and government transparency and accountability (e.g. Public Records Act responses and disputes, parcel tax litigation).