Practice Areas

Employment Discrimination

To “discriminate” against someone means to treat that person (or group) differently, or less favorably, for some reason. In the workplace, this means refusing to hire, employ, or select for training programs leading to employment; discharging (firing) from employment; or unequal pay or other conditions of employment, including discipline.

In California, employers may not discriminate based on protected characteristics — unless a permissible defense applies. These include:

• Race, religious creed, color
• National origin, ancestry
• Physical or mental disability
• Medical condition, genetic information
• Marital status, sex, gender (including pregnancy)
• Gender identity or expression
• Age (40 and older), sexual orientation
• Military or veteran status

California employers have an obligation to take reasonable steps to prevent workplace discrimination.

Discuss a discrimination matter →

Workplace Harassment

Workplace harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where:

• Enduring the offensive conduct becomes a condition of continued employment (quid pro quo harassment), or
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive (hostile work environment harassment).

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including:

• The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
• The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
• Unlawful harassment may occur without economic injury to, or discharge of, the victim.

California employers have an obligation to take reasonable steps to prevent workplace harassment.

Discuss a harassment matter →

Workplace Retaliation

Workplace retaliation occurs when employers treat applicants, employees or former employees, or people closely associated with these individuals, less favorably for:

• Complaining or reporting discrimination
• Participating in a discrimination investigation or lawsuit (for example, serving as a witness)
• Opposing discrimination (for example, threatening to file a charge or complaint of discrimination)

The retaliation generally takes the form of an adverse employment action, which can include discipline, termination, reduction of hours or barriers to advancement.

Discuss a retaliation matter →

Disability Discrimination

Disability discrimination is a particular variety of discrimination that may occur when an employee has or is perceived to have a mental or physical disability. A “physical disability” includes disfigurements or diseases that affect the body and limit major life activities — physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss.

Physical disabilities include permanent and temporary conditions, such as impaired eyesight, hearing or speech; chronic diseases; hepatitis; HIV/AIDS; diabetes; loss of a limb; cancer; and pregnancy and childbirth. Mental disabilities may include chronic conditions such as bipolar disorder, clinical depression, schizophrenia, obsessive-compulsive disorder, anxiety disorder, dementia, intellectual disabilities, and specific learning disabilities.

When an employer learns or believes that an employee has a physical or mental disability, it is obligated to engage in an interactive process to determine if it can accommodate the disability — unless doing so will cause undue hardship. Examples of reasonable accommodations may include:

• Restructuring the job
• Modifying work schedules
• Part-time scheduling
• Reassignment to a vacant position
• Adjusting training materials
• Providing readers or interpreters
• Modifying equipment
• Modifying work policies
• Allowing a service dog to support the employee

Discuss a disability matter →

Wage and Hour Claims

California and federal wage and hour laws are intended to protect employees’ rights in the workplace. The main wage and hour laws relate to:

• The obligation to pay employees the federal, state and, if applicable, local minimum wage for every hour worked.
• The obligation to pay overtime premium compensation for hours worked in excess of 8 hours per day or 40 hours per week.
• The obligation to provide a paid 10-minute rest period for every 4 hours worked.
• The obligation to provide at least a 30-minute unpaid meal period within the first 5 hours of the workday.
• The obligation to pay a terminated employee full pay, including accrued vacation, at the time of termination.
• The obligation to pay an employee who quits with notice their full pay within 72 hours.
• The obligation to provide an accurate pay stub that complies with the California Labor Code.

Employees may bring claims for wage and hour violations before the California Labor Commissioner (the Division of Labor Standards Enforcement) or in state court. Employees may also pursue Private Attorneys General Act (PAGA) actions to enforce certain labor laws on behalf of all of an employer’s “aggrieved employees” exposed to the same violations.

Discuss a wage claim →

Negotiating & Drafting Employment Agreements

The firm represents both employees and employers in negotiating favorable employment agreements, retention agreements and severance agreements. We also negotiate and draft independent contractor agreements, nondisclosure and confidentiality agreements, “love contracts,” consulting agreements and furlough arrangements.

Discuss an agreement →

Developing & Implementing Workplace Policies

The firm works with employers to develop, draft and implement workplace policies and procedures that both comply with the law and make sense for their business and culture. We draft robust employee handbooks, which we update annually so your organization stays current as California’s requirements evolve.

Request a policy review →

California Employment Law Advice & Counseling

We get to know our employer clients’ businesses, workforce and culture in order to provide pragmatic employment law advice and counseling tailored to their needs. Many of our employer clients do not have in-house Human Resources personnel — that is not a problem. We educate clients on the HR role so they are not disadvantaged by the lack of an HR department.

Where appropriate, we partner with outside Human Resources experts to provide economically sensible solutions, particularly for required sexual harassment prevention training, investigations and layoffs.

Request employer counsel →

Trade Secret Theft and Unfair Competition

When employees leave, disputes often follow. Businesses may discover that confidential information, customer relationships, pricing data, business strategies, or proprietary processes have been taken and used to compete. Former employees and competitors may face accusations that they misappropriated trade secrets or engaged in unfair business practices.

The Craigie Law Firm represents both businesses and individuals in trade secret and unfair competition disputes throughout California. We prosecute and defend claims involving alleged theft or misuse of confidential information, employee raiding, customer solicitation, proprietary business methods, and violations of California’s trade secret laws.

These cases often require immediate action. We assist clients in obtaining and opposing temporary restraining orders, preliminary injunctions, expedited discovery, forensic investigations, and emergency court relief designed to protect business interests while preserving competitive opportunities.

Our experience includes disputes involving:

• Trade secret misappropriation
• Unfair competition
• Employee raiding and team departures
• Customer and referral source disputes
• Confidential and proprietary information
• Electronic data and forensic evidence
• Breach of confidentiality agreements
• Injunctive and emergency relief
• Business torts arising from employee departures
• Competitive hiring disputes

Whether pursuing claims or defending against them, we focus on practical solutions that protect our clients’ businesses, careers, and competitive interests.