Labor & Employment

When you’re involved in a labor violation, there is no substitute for experienced counsel. Whether you’ve been a victim of discrimination, harassment, wrongful termination or retaliation, or you’re facing a claim brought by a former employee or a government agency, you need a team of lawyers who are dedicated to aggressively representing you.

Ivie McNeill Wyatt Purcell & Diggs represents individuals, companies and public entities in plaintiff and defense litigation. Our attorneys have successfully handled claims of wage and hour violations, discrimination, harassment, retaliation and wrongful termination in federal and state courts, including class actions and multi-plaintiff cases. We also prevent costly litigation by providing thoughtful employment counseling and training. With our assistance, you can minimize your chances of facing a lawsuit while maximizing your chances of success in the event of litigation.

Our labor and employment experience includes handling claims with Title VII, the Americans with Disabilities Act, Age Discrimination in Employment Act, the Family and Medical Leave Act, Fair Labor Standards Act, ERISA (Employee Retirement Income Security Act) disputes and other federal or state regulations. We also respond to individual and systemic discrimination charges brought before the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing (DFEH), as well as state and civil rights agencies.

Our notable successes include:

  • $829,200.00 settlement in constructive termination case against a security company.
  • $840,000.00 settlement in wrongful termination case against a restaurant.
  • $400,000.00 settlement in age discrimination case against non-profit organization.
  • Published opinion Reginald Mitchell v. California Department of Public Health.

Prevention & Compliance

Preventing violations and claims should be priority number one. We focus much of our efforts on advising clients on the federal, state and local laws that must be followed. With the goal of improving employee relations and preventing litigation whenever possible, we perform audits to identify problems before they become legal challenges, and work with employers to prepare:

  • Personnel policies
  • Offer letters
  • Employment contracts
  • Compensation plans.

In addition, Ivie McNeill Wyatt Purcell & Diggs provides on-site training to clients on:

  • Discrimination
  • Reasonable accommodation
  • Workplace harassment
  • Technology and privacy matters.

We also provide counseling to resolve workplace conflicts that might otherwise lead to litigation. When necessary, we advise management on how to handle or conduct internal investigations into allegations of discrimination, harassment and retaliation.

Wage & Hour

If you become embroiled in a complex wage and hour lawsuit, Ivie McNeill Wyatt Purcell & Diggs has had decades of experience handling these matters, including:

  • Overtime
  • Missed meal and break periods
  • Off-the-clock allegations
  • Prevailing wages
  • Independent contractor misclassifications
  • Recordkeeping
  • Payroll deductions.

We represent clients in all types of wage and hour lawsuits in courts and administrative agencies across the country, including complex individual claims, as well as class and collective actions. We begin by carefully investigating the claim and gathering evidence, reviewing time cards, personnel files, policies and other documents. Above all, Ivie McNeill Wyatt Purcell & Diggs will defend you aggressively to minimize damage to your reputation.

Discrimination

Being involved in a disability discrimination, age discrimination, race discrimination, nationality discrimination or gender discrimination case can be complex and costly.

In the workplace, discrimination can play out in many ways. Some common examples of discrimination include:

  • Unfair hiring practices
  • Unequal pay for equal work
  • Denying reasonable workplace accommodations
  • Firing without reason
  • Inappropriate jokes, comments or name calling.

If you’ve been treated unfairly or have been accused of treating someone unfairly based on race, gender, age, sexual orientation, nationality, religion, disability, ancestry, marital status or medical condition, Ivie McNeill Wyatt Purcell & Diggs will carefully advise you on your options. Whether you’d like to file a lawsuit or defend against a discrimination claim brought by an employee or government agency, Ivie McNeill Wyatt Purcell & Diggs will fight tenaciously to protect your rights.

Harassment

A harassment claim can arise when an employee believes they’ve had to endure unfair treatment based on their status in order to keep their job. Harassment can be sexual or nonsexual in nature, and it commonly takes the form of:

  • Inappropriate touching or gestures
  • Wearing, displaying or sharing suggestive content
  • Name-calling or inappropriate jokes
  • Sexual or racist comments and innuendos.

Without a carefully thought out legal course of action, harassment claims can quickly grow out of control, becoming costly and harmful to your reputation. Ivie McNeill Wyatt Purcell & Diggs will work with you to reduce your exposure, minimize damage and protect your rights.

Retaliation

If an employee alleges that they’ve been fired, demoted, transferred or given a pay cut as an act of retaliation, or you believe you’ve been on the receiving end of retaliation, it is essential that you contact a lawyer to help respond to these claims. It is possible to achieve the outcome you want, and Ivie McNeill Wyatt Purcell & Diggs can help you do so. Our attorneys have the experience to take on your case no matter how complex and whether or not the claim has been brought under California state law or a federal statute.

Wrongful Termination

Termination is a delicate situation in any case, but it can become a serious legal matter if discrimination, breach of contract or whistleblower protections come into play. Ivie McNeill Wyatt Purcell & Diggs can help you minimize the cost and damage if you’re involved in a claim of wrongful termination due to age, disability, gender, race, religion or retaliation.

California is an “at-will” state, meaning that an employee can be fired at any time for a wide variety of reasons. However, if an employer does not adhere to the company policy, employment contract or union agreement, the terminated employee may be able to file a wrongful termination claim. It is also illegal for employers to fire an employee in retaliation for speaking up about a workplace issue or for discriminatory reasons related to the employee’s race, gender, religion, marital status, sexual orientation, age or disability.

No matter what, Ivie McNeill Wyatt Purcell & Diggs will advocate for you to achieve the results you need.

Whistleblower

Under whistleblower laws, employees who speak up about perceived harassment, discrimination or other illegal activities in the workplace are protected from retaliation. If an employee “blows the whistle” and believes they were terminated, demoted or forced to work in a hostile work environment as a result, they may be able to file a whistleblower claim.

Whistleblower cases can grow complex very quickly, as there are typically several related labor and wage issues. If you’re involved in a whistleblower claim, Ivie McNeill Wyatt Purcell & Diggs can bring clarity to your case and advise you on your options.

Misclassification

Employers are required to provide employees with specific benefits and compensation, including overtime, breaks, mileage reimbursement and minimum wage. When employees are misclassified as exempt or as independent contractors, whether intentionally or mistakenly, they may be entitled to back-pay or compensation for benefits that were lost.

Misclassification is a common but serious labor violation. What may be a simple misunderstanding can turn into a massive legal problem that can cost thousands of dollars.

Class Action

Class and collective actions are complicated, high-stakes lawsuits that require smart legal strategy. When you need to lay it all on the line, you’ll want a robust team of litigators on your side.

Ivie McNeill Wyatt Purcell & Diggs has successfully represented plaintiffs and defendants in class and collective actions involving labor and employment. We devote the time and urgency these matters deserve, bringing our skills to aggressively protect your rights.