We are dedicating this post to COVID-19 information and resources. Our goal is to centralize key links so that businesses, landlords, employees and tenants can find actionable information quickly. If you need a legal consultation regarding navigating and coping with COVID-19 relating laws and regulations, please contact our office. Instead of writing new articles, we will post ongoing updates here with a date separator.

GENERAL RESOURCES AND LINKS:

Center for Disease Control’s (“CDC’s”) COVID-19 Page.

State of California’s Pandemic Roadmap (Stages 1-4)

UCLA Health’s COVID-19 Resources Page

American Industrial Hygiene Associations COVID-19 Resources Page

Update June 6, 2020

Trump signs the new PPP extension law into law.

Update June 3, 2020

Senate passes PPP bill, sends to President. Under the proposal, small businesses would have to spend 60% of the loan money on payroll instead of the previous 75%. Read more here.

Update May 29, 2020

House votes to extend PPP period from 8 weeks to 24 weeks. Read more here.

Update: May 19, 2020

Round 2 PPP funds are still available for qualified small businesses.

Update: April 16, 2020

United States Department of the Treasury. The U.S. Treasury announced Round 2 of PPP.

Update: March 31, 2020

United States Department of the Treasury. Towards the end of March the U.S. Treasury launched the Payroll Protection Program (“PPP”). The purpose is the provide small businesses with the resources they need to maintain their payroll, hire back employees who may have been laid off and cover applicable overhead. The program is administered by the SBA. The first round funds were exhausted very quickly.

March 25, 2020.

To organize our COVID-19 page, we are going to group information by level of government using Federal, State, County / Local.

FEDERAL RESOURCES: The federal government through a variety of agencies: SBA, CDC, Department of Labor and Congress (pending legislation) provides resources to meet the COVID-19 challenges.

The United States Small Business Administration has created a specific section on their website to provide COVID-19 guidance for small businesses. You can find it here: https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources

The Center for Disease Control (CDC) has published Employer Guidance here: https://bit.ly/3bzKSCT

The Department of Labor has created a publication called “Guidance for Preparing Workplaces for COVID-19.” This is a great resource as the country undertakes re-opening after the initial COVID-19 wave.

The Equal Employment Opportunity Commission (“EEOC”). Click here to see the actions taken by the EEOC in response to the Coronavirus and how that may affect Employers and Employees.

STATE OF CALIFORNIA RESOURCES:

The Office of the Governor of California. Click on this link to see an all-inclusive summary of actions taken by the Governor of California to combat COVID-19. Within this list are links to specific orders and releases that may be relevant to you. This includes the stat-at-home order, essential v. non-essential business designations, re-opening guidance and much more. If you want to consult with an attorney on your specific concern, please contact our office.

California Employment Development Department (“EDD”). The EDD has launched or re-activated a number of programs to help businesses and employees in an effort to reduce the impact of unemployment. Similar to other agencies and institutions, the EDD has as COVID-19 page here. This is a great resource for employers and employees, covering questions like extended unemployment insurance, work-sharing, furloughs, PUA, disability insurance, paid family leave, taxpayer assistance and many more. If you want to consult with an attorney on your specific concern, please contact our office.

The California Infrastructure and Economic Development Bank (IBANK). Many Californians have never heard of the IBANK. What is the IBANK? This is similar to the Federal SBA program referenced above. Click here to learn more about the COVID-19 assistance available from IBANK. If you want to consult with an attorney on your specific concern, please contact our office.

California Department of Industrial Relations. The California Department of Industrial Relations has a wonderful resource to help businesses comply with safety guidance. There is general guidance with some specific guidance for identified industries.

California Court System. This is a full one-third of our government. The Courts have been severely impacted by COVID-19. The Court the system has drastically cut back operations and is actively adapting new technology to permit the administration of justice to go on. In the short term, this means the wheels of justice will move even slower. This is bad news for plaintiffs (including landlords seeking a proper commercial or residential eviction) as well as other civil plaintiffs.

In practice, these measures include: delaying hearings and trials, restricting physical access to the courts, emphasizing remote appearance, online mediations / settlement conferences and “triaging” of civil rights. In an environment with even more limited court access, who goes first? Criminal, Family, Real Estate (unlawful detainers), etc. etc?

In any litigation, external non-legal events can take precedence over the legal merits in influencing case resolutions. COVID-19 is one of those non-legal events that litigants will have to weigh as the look to the court system for resolution. Click this link for the full list of California Court COVID-19 measures. If you want to consult with an attorney on your specific concern, please contact our office.

COUNTY/LOCAL RESOURCES. Local resources include County-level on down to municipality, city or town level government. The California State Association of Counties (“CSAC”) website is a great resource to quickly find your county’s COVID-19 website. Once on the CSAC website, click on the link entitled “County Websites Dedicated to the Coronavirus” and that will provide a hyperlink for each of California’s counties.

CONSIDERATIONS FOR EMPLOYER, ASSET OWNER OR INDIVIDUAL: This article contains links to resources and information that can be the starting point of a legal analysis to assess your options, opportunities and rights. If you want to consult with an attorney on your specific concern, please contact our office.

What about non-legal considerations? We’ve gathered some questions that we believe can help guide the decision making process during these challenging times:

  • How serious of a threat do you perceive that this event is to your business?
  • How serious could it be in a probabilistic analysis?
  • Where are there opportunities?
  • Where are there lessons?
  • How do you create a path forward through this environment?

In meeting these challenges, we recommend consulting with your advisors — lawyers, CPAs, financial advisors – to review these and other questions to determine your best path forward.

As always, we are here to help.

Areas of Law:  This newsletter touches on several intertwined areas of business and employment law that are impacted by California’s new laws:  (1)  Employee v. Independent Contractor plus Wage and Hour; (2) Arbitration; (3) Discrimination and (4) Other areas. 

Why it Matters?:  In our opinion, any business — whether it has 5, 50, 500 or 5,000 employees — should pay close attention to all of these changes as any one can be the trigger for significant financial liability.  If your business needs help addressing these issues, please contact our firm. 

1.   Independent Contractor v. Employee (Dynamex and Borello) 
AB5 codified the Dynamex ruling from the California Supreme Court, which applied the ABC test (see our August 2, 2018 update, “The ABCs of Independent Contractors“) to determine whether a worker is an independent contractor.  In summary, to be an independent contractor the worker must (a) be “free from control and direction”; (b) “perform work outside the usual course of the hiring entity business” and (c) “customarily engaged in an independently established trade.”  Under this ABC test, we believe it is very difficult for a business to establish that a worker is an independent contractor.  There is some minor flexibility for businesses hiring licensed professionals or receiving professional services as these relationships are analyzed under another test (Borello). 

Our business has always used a lot of Independent Contractors, what could go wrong?  
Well, everything.   Lawyers often use the phrase a “parade of horribles”, and that would be appropriate here.  A single alleged independent contractor could (a) file a complaint for workers compensation, (b) file an unemployment insurance claim; (c) file a labor claim for overtime, or (d) hire an attorney to file a “wage and hour” claim (including pay stub compliance, meal break violations, rest break violations and failure to pay overtime).  If a wage and hour claim is filed, the damages escalate quickly including statutory penalties and attorney’s fees…and there is no insurance.

Wage and hour claims are frequently filed as class actions.Likewise, there could be an EDD audit.  In a “misclassification” based action, the Company’s only defense will be that the worker is an independent contractor, which was always hard to establish, and just became much more difficult.  Bottom line, in most situations, the Company will lose the independent contractor battle in our opinion.  If you are a business owner with a history of hiring a lot of independent contractors, we recommend that you consult with law firm to see what can be done to lessen your exposure.  There may be lawful steps you can take before a lawsuit is filed.  If you would like us to confidentially review your situation, please contact our firm. 

2.   Changes to Arbitration:  Immediately challenged 
AB51 banned mandatory arbitration agreements and prohibits employers from requiring applicants or existing employees to waive any right, forum or procedure for any employer violations of FEHA, the Labor Code or other statutes governing employment as a condition of employment, continued employment or the receipt of employment related benefits.   The bill also prohibits an employer from threatening, retaliating or discriminating against, or terminating any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.  SB707 also requires that in an employment or consumer arbitration where the drafting party is required to pay for arbitration and fails to do so within 30 days after the due day, the drafting party will waive arbitration and face drastic monetary and non-monetary sanctions.  

AB51 has been challenged in federal court, and the court issued a 10 day temporary restraining order (TRO).  Stay tuned.

3.   Changes to Discrimination law: Lactation Rooms, Hair Styles, Training and Time.
There are a number of important changes.  SB142 requires a lactation room or location that includes prescribed features with close proximity to a refrigerator and sink.  SB188 adds “hairstyles: to the list of potential basis for race discrimination.   AB9 extends the time to file a discrimination complaint with FEHA from 1 to 3 years.  SB788 extends the time to comply with sexual harassment training for employers with 5 or more employees.  For help here, contact our firm. 

4.  Other updates. 
California also passed the following employment related laws, which we will just list in summary form here:

AB749 prohibits No Rehire clauses in settlement agreements
AB673 and SB 688 provide additional remedies for failure to pay wages
SB83 increases the maximum wages replacement under California paid family leave
AB35 strengthens law protecting employees from toxic materials
AB203 requires Valley Fever awareness training is expected to be working near substantial dust disturbance
AB1223 requires private employers with 15 or more employees to provide leave of absence with pay for organ donation
AB1554 requires new notice requirements for Flexible Spending Accounts (FSA)
AB1804-1805 address the law regarding occupational injuries 
IRS New W4

If you have a concern that touches on one of these other areas, please contact our firm.

Key Takeaways: What Should a California Business Owner Do?  
If you own a business in California with a substantial pool of employees, you might be feeling overwhelmed with all these changes, the associated risks and the potential financial exposure.  What should you do?  Our recommendations:

1.    Get an attorney involved on your side.  If you don’t have a general counsel or employment attorney, or your attorney is not experienced with these issues, contact our firm. 

2.    Review your independent contractor / wage and hour exposure.  We have helped several clients address these issues.  Work with an attorney immediately (i.e. don’t wait until the lawsuit is filed), and if you receive an EDD audit have your CPA work with your attorney. 

3.    Improve your payroll systems and processes.  You may need to redesign your compensation plans, and processes to get into compliance and minimize future risks.

4.    Revise your handbooks.  If you don’t have a handbook, get one.  We offer a flat rate for our California 2020 handbook, and a reduced rate for annual updates, with reduced rates for multi-company engagements.  Contact us for information. 

Left to Right: Cynthia Sun, Esq., Chris Adishian, Esq., Trevor Zeiler, Esq. (Not Pictured: Laura Mayer)

EL SEGUNDO, CA (November 15, 2019)— Adishian Law Group is pleased to announce that Adishian Law Group, P.C. and Adishian Capital were profiled in the current issue of Southbay Magazine.

As the magazine states, “Adishian Law Group practices business, employment and real estate law. The firms work includes leading mission-critical transactions and litigation, and high-stakes employment cases involving highly compensated professionals. Adishian Capital is a licensed real estate brokerage that provides property management services and select brokerage services. Together the companies assist clients with all their real estate activities.  Owner Chris Adishian earned his math economics degree Berkeley, with a business minor from Haas School of Business and was a Dean’s Scholarship recipient at Loyola Law School.  He is rated an AV-Preeminent attorney by his peers”

What can our readers learn from your most successful clients?

“They are committed to improving their decision-making process in business and life. They understand that the two great equalizers are: time and decisions. Over time, the compounded results from a good decision process (and avoiding the compounded results of a bad decision process) dwarf any legal fees. Sometimes the best decision is deciding to not do something.”

What business lessons have you learned running your own companies?

“There are so many.  Here are some of the most important in our view:  setting the culture of the firm, recruiting/retaining the right people, working for clients we enjoy and of course, delivering the highest level professional service and advice.”

Why did you choose to work in this profession?

“When I graduated from law school, practicing law was the last thing on my mind.  I was fortunate to meet a number of outstanding individuals — some significantly more experienced that I was — who were kind, strong, wise, fair-minded, lived balanced lives, contributed significantly to their community and were financially comfortable.  They had one other thing in common:  all were lawyers running smaller practices.   Eventually that made a lot of sense to me.  This fall is our 16th anniversary.”

What is the best legal advice you ever received?

“I read this in a business book, probably long before I went to law school.  The more important term in the contract isn’t in the contract; it’s dealing with people who are honest.”

What are your favorite podcasts?

“During my commute, I enjoy listening to “The Knowledge Project,” “On Being” and “How I Built This.”

Click this link to read the full-color original.

EL SEGUNDO, CA (November 15, 2018)— Adishian Law Group is pleased to announce that Adishian Law Group, P.C. and Adishian Capital were profiled in the current issue of Southbay Magazine.

As the magazine states, “Adishian Law Group practices business, employment and real estate law. Their work includes leading mission-critical transactions and litigation, and high-stakes employment cases involving highly compensated professionals. Adishian Capital is a licensed real estate brokerage that provides property management services and select brokerage services. Together the companies deliver “family office” real estate capabilities giving clients relationship continuity across all their real estate activities. Owner Chris Adishian earned his B.A. in mathematical economics from Berkeley, with a minor in business administration from the Haas School of Business, and his law degree from Loyola Law School.”

What is the best legal advice you have ever received?

“I read in a business book—probably long before I went to law school—that the most important term in the contract isn’t in the contract. It’s dealing with people who are honest.”

Share your thoughts about the value of the human connection in your industry.

“It’s everything. You have to know yourself, be yourself and connect with your fellow humans in a genuine manner, even in times of tough business negotiations or outright litigation. If you cannot genuinely connect with other humans, everything will be challenging.”

Tell us some recent client success stories.

“We served as counsel to our seller/developer client in the construction and sale of two office buildings that are now the corporate headquarters for Australian toy company Moose Toys. In another matter, a Japanese company retained our firm to form its U.S. subsidiary for #JapanHouse Los Angeles—a global project to promote Japanese culture, art, food, technology and fashion ahead of the Tokyo 2020 Olympic Games.”

L to R: Emily Zinn, Trevor Zeiler, Cynthia Sun, Chris Adishian, Tamara Cook, Julia Toscano, Laura Mayer

What can our readers learn from your most successful clients?

“They are committed to improving their decision-making process in business and life. They understand that the two great equalizers are: (1) time and (2) decisions. Over time, the compounded result of good decisions (and avoiding the compounded result of bad decisions) dwarfs any legal fees. Sometimes the best decisions are to not do something.”

What is the most valuable skill you offer?

“My individual core skill set is along the lines of an ‘expert generalist.’ When we look at a challenge or opportunity, we start with the legal expertise. That’s foundational. Along with our legal advice, we bring deep knowledge and multidisciplinary experience, which come together to inform the client’s business or litigation strategy and execution.”

Click this link to read the full-color original.

EL SEGUNDO, CA (November 14, 2017)— Adishian Law Group is pleased to announce that Adishian Law Group, P.C. and Adishian Capital were profiled in the current issue of Southbay Magazine.

Southbay Magazine (November 2017)

As the magazine states, “Adishian Law Group practices business, employment and real estate law. The firm leads mission-critical transactions and litigation, with a focus on high-stakes employment cases involving highly compensated professionals. Adishian Capital is a licensed real estate brokerage that provides property management services and select brokerage services. Owner Chris Adishian earned his bachelor’s degree in mathematical economics at Berkeley and law degree from Loyola Law School.”

What’s most rewarding about your work?

“Our clients inspire us—they’re proven leaders in their industries and professions, and we’re privileged to work on their behalf.”

What can our readers learn from your most successful clients?

“They are committed to improving their decision-making process in business and life. They understand that the two great equalizers are: (1) time and (2) decisions. Over time, the compounded result of good decisions (and avoiding the compounded result of bad decisions) dwarfs any legal fees. Quite often the best decision is to ‘not do’ something. Making that decision is just as important as the decision to ‘do’ something.”

What is the most valuable skill you offer clients?

“My individual core skill set is along the lines of an ‘expert generalist’. When we look at a challenge or opportunity, we bring the legal expertise. That’s foundational. Along with our legal advice, we bring deep knowledge and multidisciplinary experience, which come together to inform the client’s business or litigation strategy and execution.”

Southbay

Chris Adishian, Founder
Adishian Law Group, PC
Adishian Capital

 

What would you want potential clients to know about you?

“The law is ultimately a ‘helping’ profession, and that’s why we are here—to help our clients. We also have a tremendous amount of free informative content on our website and on our YouTube channel, to help anyone seeking to learn more about California law in the areas that we practice.”

What is unique about how your two firms work together?

“For clients active in real estate—owning, buying, selling, leasing or exchanging—our combination of a real estate law firm with an affiliated property management firm is unique. We can deliver tremendous value and provide relationship continuity.”

What are the last three books that you’ve read?

“Other than children’s books for my kids (laughing), ‘The Undoing Project’, ‘Hillbilly Elegy’ and ‘Business Adventures’. I frequently reference Warren Buffett’s ‘Owner’s Manual.’”

Click this link to read the full-color original.

Law, like many professions, has its own language.  The term “demurrer” is one such special word. So, what’s a Demurrer and why should you care?

What is it?  A “demurrer” challenges the pleading (typically the Plaintiff’s Complaint) on its face based on the “4 corners” of the Complaint.  If you receive a lawsuit and your reaction is “this doesn’t make any sense”, or “this is garbage”, it might be a good time to consider a demurrer, instead of allowing a poorly drafted complaint with too many defendants and too many causes of action to go forward.

Why use it?   In short to save money and take the “air our of the balloon” for the Plaintiff. Given California State Court backlogs are extending the time to get to a motion for summary judgment (MSJ) hearing, the availability of a demurrer (often filed with a companion motion to strike) is an early opportunity to lower your client’s exposure, reduce the number of issues litigated and hence reduce your client’s litigation costs over the life of the case.

“Demurrers are Dead”.   We often have heard this phrase from lawyers, but we have not found it to be true.  In a number of cases, we’ve prevailed on demurres, effectively using them to “shape” the case early and even remove claims for attorneys fee, which alters the negotiations between the parties.  In the current environment, it is more likely the “MSJ is dead” as courts, particularly in plaintiff’s employment cases, appear very reluctant to end cases without a trial.  That was not always the case, and may not be in the future, but seems to be the trend currently.

Aggressiveness is “Over-Sold”.  A common misconception is that being an “aggressive” litigant or an “aggressive” attorney or “aggressive” here or there gives you an advantage over another party. Quite often this takes the practical form of (a) threats of lawsuit or (b) filing poorly thought out lawsuits in the hopes of extracting some quick fear-based settlement. If you are contemplating a lawsuit, or have been served, we’d suggest getting counsel from a few level-headed litigators before deciding to file or responding to the suit. It just might save you a lot of money, and heartburn, and get you a better result.

About Adishian Law Group, P.C.

Adishian Law Group (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

Over the last few years, we are finding that more and more litigated cases are resolving at mediation through a “Mediator’s Proposal.”  This trend can be seen as a failure of mediation as a dispute resolution process because the parties are not actually resolving the dispute during the mediation.  If the Mediator’s Proposal ends the case though, then that does make a successful mediation, even if not as originally envisioned.

What is a Mediator’s Proposal?

A “Mediator’s Proposal” is exactly what is sounds like.  It is a proposal to settle the case that comes from the Mediator.  How does that happen?  Typically a “Mediator’s Proposal” arises after a full-day of mediation and the parties have been are unable to reach a settlement.  As a last ditch effort prior to resuming litigation, the parties empower the Mediator to make a settlement proposal which each side then has time to consider — i.e. the “Mediator’s Proposal”.

“But I thought Mediator’s Could Not Decide Cases”

They typically cannot, even with a Mediator’s Proposal.  It is just a proposal.  Either side may accept or reject the Mediator’s Proposal. If the both sides accept, then the case is settled.  If EITHER side rejects the Mediator’s Proposal, the case proceeds to trial without either side knowing if the other side accepted.

Keys to a Successful Mediator’s Proposal

By the end of the day an effective mediator (1) will have established trust and respect with each parties and (2) will understand either (a) what a case is worth, or (b) more practically, the number where the parties will likely agree to settle.  If the parties don’t trust the mediator (for whatever reason) or the mediator misunderstands the parties’ settlement ranges, the Mediator’s Proposal will likely fail.  However, if the Mediator has established trust and respect, then his or her opinion of the case will carry weight with the Parties and their counsel, and in some cases will provide adequate “cover” for the attending party with the “powers that be” on the respective parties’ sides.

About Adishian Law Group, P.C. Adishian Law Group (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of September 2016, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

Insurance broker fraud unfortunately happens.  Insurance broker fraud can occur when a broker sells you a product different that what you were promised.  Insurance broker fraud also occurs when the individual or brokerage is not licensed to sell the particular type of insurance.  Similar to our post on Contractors, this post suggest some steps to protect yourself from insurance broker fraud.

“With friends like these”.  We recently handled an insurance broker fraud case where the clients had “friends” who represented themselves as legitimate insurance brokers for a large, national company.  Persuaded by these “friends,” the clients cashed out existing investments and bought the new policies – relying on representations that these would be suitable and our clients would pay a one-time premium.  Yet, a year after paying the initial premium (a six-figure sum), our clients received invoices from the insurance carrier demanding additional, costly annual payments that had never been disclosed.  These brokers got the commissions, and our clients were stuck in unsuitable policies that they could not afford.  If our clients did not continue to pay, they would lose all their money previously paid.  When they asked their “friends” for help, the “friends” said that our clients could cancel the policies, again resulting in a total capital loss. That’s when we got the call.

Always Check Credentials and Licenses.  During our investigation we discovered, of the broker and sales reps involved, two were not even licensed to sell life insurance from the carrier during the time period when the policies were marketed and sold, while the third was not licensed at all!   Similar to real estate brokers and licensees, the State of California provides a website where you can check an insurance broker’s or salesperson’s license status here.

About Adishian Law Group, P.C.

Adishian Law Group (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this article, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

FEHA Mediation and EEOC Mediation are options to consider when an ex-employee has filed a complaint directly with the agency.  You CAN have an attorney represent you at the FEHA Mediation (or EEOC Mediation), and we believe you should, as your former employer will almost surely be represented by counsel.

What is FEHA?  FEHA is the acronym for the Fair Employment and Housing Act, which references the set of California Statutes defining and prohibiting illegal discrimination in housing and employment.  The California agency that enforces these laws is the California Department of Fair Employment and Housing (DFEH).

What is EEOC?  EEOC is the acronym for the Equal Employment Opportunity Commission which is the Federal agency responsible for enforcing the federal laws prohibiting illegal discrimination in employment.

Resolving Claims of Discrimination:  Agency v. Civil Court:  In the majority of the plaintiff’s cases that we handle, we obtain a “right to sue letter” from the DFEH and proceed directly to civil court (state or federal), thereby bypassing the State Agency’s )i.e. DFEH) internal investigation and dispute resolution process.

However, some plaintiffs elect to file their complaint directly with DFEH (or EEOC).   Upon receipt of a the charge of discrimination from a complainant, DFEH (like the EEOC) follows a standard dispute resolution flowchart for each complaint.  You can find out more about EEOC mediation here.    An important part of the dispute resolution process for the DFEH and EEOC, is a mediation between the parties conducted with a third party mediator while the charge is pending in front of th DFEH or EEOC.

Importantly, a plaintiff can have an attorney represent them at the mediation stage of the agency’s dispute resolution process – and they should!   Otherwise, the inexperienced plaintiff will be there without an attorney, facing a company, its representatives as well as the company’s counsel.

We’ve represented clients at both DFEH and EEOC mediations in Southern California and Northern California, and around the country in EEOC mediations.  If you have filed a discrimination charge, and are looking for representation at an agency mediation, please contact us and we will be happy to review your case to see if we can assist.

About Adishian Law Group, P.C.

   Adishian Law Group (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters.  Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet.  The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this article, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

EL SEGUNDO, CA (November 9, 2016)— Adishian Law Group is pleased to announce that Adishian Law Group, P.C. and Adishian Capital were profiled in the current issue of Southbay Magazine.

south-bay-magazine-2016 Southbay Magazine (November 2016)[/caption]

As the magazine states, “Adishian Law Group practices business, employment and real estate law, and Adishian Capital is a licensed real estate brokerage that
provides property management services and select brokerage services. Owner Chris Adishian started the law firm in 2003 and Adishian Capital in 2007.

FAST FACT:

From their South Bay headquarters, Adishian Law Group has represented clients in 22 California counties, 12 states outside California and 9 foreign countries.

What would you like potential clients to know about you?

“Our work at Adishian Law Group includes leading mission-critical transactions and litigation, and high-stakes employment cases involving highly compensated professionals. Together with Adishian Capital, we deliver ‘family office’ real estate capabilities—giving clients relationship continuity across all their real estate activities.”

What’s next for your firm?

“Adishian Law Group completely upgraded its technology in the past 12 months so we can continue to provide the highest quality legal services with cutting-edge hardware and software. Adishian Capital has grown to more than $50 million in assets. Prudent growth is the plan.”

What’s most rewarding about your work?

“Our clients inspire us—they’re proven leaders in their industries and professions, and we have a lot of fun working on their behalf.”

alg-acap-16
L to R: David Simmons, Gladys Mydland, Chris Adishian, Heather DeFalco, Erik Bleitz, Patricia Parker, Tamara Cook, Andrew Messori

Tell us about your team

“I’m really proud of the team. We have a well-educated mix of Boomers, Xers and Millennials. Many have advanced degrees or even multiple advanced degrees. They work hard to deliver for our clients. A majority of them call the South Bay home.”

What are the current trends affecting your industry?

“New technology continues to disrupt the legal field. It is a dynamic industry and intensely competitive. Like our entrepreneurial clients, we’re constantly reviewing and adopting technology tools to improve professional service delivery.”

To what do you attribute your success in this industry?

“We’ve earned a reputation for being friendly, fair-minded and respectful. This extends to our clients, coworkers, vendors, clerks, judges, opposing parties and their attorneys or advisors. As a result we’re able to close deals, resolve litigated disputes and still build relationships. In fact, a number of our clients were formerly ‘across the table from us,’ either in a negotiation or litigation. Our former opposing counsel are among our best referral sources.

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