Employment Litigation

Miller Morton maintains a robust employment litigation practice. The following outlines our litigation services on behalf of employers and employees throughout California. 
Unlawful Discrimination
Numerous California and federal laws prohibit discrimination in employment on the basis of age, gender, race, color, disability, religion, and sexual orientation. The prohibitions apply to hiring (or not hiring), termination, promotion, demotion, salary decisions and employment-related opportunities. If you are an employer facing a discrimination claim – including for vicarious liability based on the actions of supervisory employees – or an employee looking to bring a discrimination claim, Miller Morton can help you assess your claim and represent you through all phases of litigation.

Retaliatory Termination Litigation California employers are also prohibited from terminating the employment of individuals who report what they reasonably perceive as unlawful conduct. The employee does not ultimately have to be correct in order to receive protection; however, there are only certain limited types of employer conduct that can give rise to retaliation claims. Our employment litigation attorneys defend retaliatory termination claims.

Harassment or Hostile Work Environment At Miller Morton we also represent employers in cases involving allegations of sexual harassment. In California, discrimination and sexual harassment claims can arise both out of isolated incidents and as a result of policies (or lack thereof) and general workplace conditions that create a “hostile work environment.” We are experienced in defending both types of claims.

Wage & Hour Claims Some employees are entitled to overtime pay, while others are not. Wage and hour claims are often highly fact-specific, and California or federal labor law may also come into play. If you are involved in an overtime pay or other wage and hour dispute, our attorneys can help you understand, protect and enforce your rights.

Experienced Representation in Multiple Venues Employment litigation is unique as it can occur in various types of venues and forums – from the courtroom to mediation and arbitration proceedings to administrative hearings. The employment litigation attorneys at Miller Morton regularly represent clients in all of these categories, including in state and federal courts throughout California, as well as before the California Labor Commission, the California Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC) and theWorkers Compensation Appeals Board.

Misappropriation of Trade Secretes and Non Solicitation In today’s market, employees often change jobs. Non-compete agreements are illegal in California, but employers are entitled to protect their confidential information and prohibit employees from soliciting customers when they move employment. MMCN can help you protect and enforce your rights.