Brewer Kathleen A Attorney At Law

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Neighborhood: Thousand Oaks
Categories: Business Litigation Attorneys, Attorneys, Business Law Attorneys

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Phone: (805) 449-8758

Address: 1200 E Thousand Oaks Blvd, Thousand Oaks, CA 91362

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Brewer Kathleen A Attorney At Law

Adoption

Criminal Defense
Fraud
Securities Fraud. Section 1514A of the federal Sarbanes-Oxley Act (SOX) prohibits an employer whose securities are publicly traded from retaliating against an employee for reporting employer conduct that the employee reasonably believes constitutes mail, wire, securities or bank fraud, or violates securities regulations.
Assault
Restraining Order
Both the employer and the harassed employee may be able to obtain a restraining order against the harasser under California Code of Civil Procedure sections 527.6 and 527.8.

Business and Corporate Law

Business Disputes
Trade Secrets
Intellectual Property
After an employment relationship ends, disputes sometimes arise over an employee's right to use the inventions or intellectual property he or she developed before or during employment. Of course, employees may not, without permission, use inventions or trade secrets belonging to their former employers. However, the law and facts in such situations can be complicated. Where both parties claim a right to employee-developed intellectual property, court intervention is sometimes necessary to determine the parties' rights, even before injury occurs.
Unfair Competition
The Brewer Law Office represents small businesses in litigation involving breach of contract, fraud, unfair competition and trade secret misappropriation.

Workers Compensation
Many other employee activities are protected from retaliation. Here are a few examples. California Labor Code section 98.6 forbids retaliating against an employee for filing a complaint about any right under the Labor Commissioner's jurisdiction, for complaining about unpaid wages, or for exercising any other protected right. The Labor Code also prohibits retaliation for refusing to work in an unsafe environment, using legally protected paid sick time, discussing wages, taking time off to serve as a volunteer firefighter, taking time off to testify about certain criminal matters, invoking rights under the Equal Pay Act, holding particular political views, discussing working conditions, filing or intending to file a worker's compensation claim, and taking time off to appear at a child's school relating to the child's suspension. California Business and Professions Code section 2056 forbids retaliating against physicians who advocate for appropriate medical care for their patients.
Wrongful Termination
Although employees and employers in California are generally free to end the employment relationship "at will," the law does not permit terminating an employee for certain reasons. For example, an employer may not fire an employee because of the employee's gender, race, religion, marital status, disability, sexual orientation, gender expression, pregnancy, age (if over 40), or military and veteran status. California's Fair Employment and Housing Act describes this type of wrongful termination in Government Code section 12940, subdivision (a). Subdivision (h) of that section forbids firing an employee because the employee opposed any practice that the Fair Employment and Housing Act prohibits.
Employment Discrimination
In addition to whistleblower protections, the law prohibits retaliation against employees who engage in other types of protected activity. For example, California employers may not take adverse action against an employee because the employee opposed practices forbidden by the Fair Employment and House Act, such as race discrimination or sexual harassment. Read section 12945 of the FEHA, especially subdivisions (h), (
Employment Contract
Termination in Breach of Contract. Where an employment contract is for a specified period of time, an employer may not, absent an employee's willful breach of duty, discharge the employee before that period ends. Where an employment contract requires good cause to terminate an employee the employer may not discharge the employee absent good cause. However, without a "good cause" agreement, employees in California may be terminated without a reason.
Employment Litigation
The Brewer Law Office represents clients in most types of employment cases, including cases involving wrongful termination, discrimination, harassment, family and medical leave, religious accommodation, disability accommodation, wage and hour violations, retaliation, trademark issues, and breach of contract. Various types of employment claims and employment laws are generally described below.
Sexual Harassment
The Brewer Law Office supports the TIME'S UP movement, which is dedicated to ending abusive, harassing and discriminatory behavior against women in the workplace and elsewhere. Ms. Brewer is a member of the Legal Network for Gender Equality, which works with the National Women's Law Center to provide legal assistance to those who have experienced sexual harassment or related retaliation.

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