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Recent News

$2,600,000 Jury Verdict in Sexual Harassment, Discrimination and Retaliation Case

On March 8, 2018 a jury in Santa Cruz county entered a verdict in favor of Cole Hudson for $2.6 million. Mr. Hudson worked for 8 years as a truck driver for Beverly Fabrics, Inc., a retailer of fabrics, arts & craf… » Read More

$7.8 Million Judgment Entered Against Comprehensive Educational Services, Inc.

In July 2016 the Fresno County Superior Court entered judgment in favor of a class of over 4,000 current and former Behavioral Interventionists working for Comprehensive Educational Services, Inc. (aka “ACES”… » Read More

For Employees

Few legal relationships are as complex or as important to our society as the employer-employee relationship. People need jobs to support their families and to fulfill their social needs and instincts through gainful employment. Likewise, employers ne… Read More

Wage & Hours

As an employee, one of your most fundamental rights in the employment relationship is to be paid wages. The wage & hours laws are complex, but, generally, if you perform menial work or hard physical labor for 50% or more of your time on the job,… Read More

Discrimination and Wrongful Termination

Nobody likes to lose their job. Unfortunately, there is a legal presumption that employees are employed “at will,” which means that you can be let go for good cause, bad cause or no cause at all. There are only a handful of exceptions to the empl… Read More

Workplace Harassment

On-the-job harassment is one of the most devastating and humiliating experiences that a person can go through. Harassment can come in many forms such as: name calling, teasing, ostracizing, verbally assaulting or threatening, physically assaulting, s… Read More

Bad References – Defamation

Most employers know better than to say anything negative about their former employees. However, it still happens. The consequences of bad references can be devastating. Employees may go for long periods of time without finding gainful employment beca… Read More

For Employers

Every day, thousands of frivolous or non-meritorious charges of discrimination and lawsuits are filed against employers. Even if the case is non-meritorious, defending against a lawsuit can be extremely expensive. Moreover, nobody likes being accused… Read More

Termination Dos and Donts

Terminating an employee is a difficult decision for most people to make. Before terminating an employee, carefully consider the reasons, and then ask the following questions: Has somebody else done something similar in the past and not been terminate… Read More

Wage & Hours

The California Labor Code and the Industrial Welfare Commission’s Wage Orders provide complex and detailed rules and regulations governing payment of wages. Litigation over wage & hours matters is becoming more and more common and can result in… Read More

Employment References

Generally, employers should only provide dates of employment, whether the employee was terminated or resigned, and whether the employer would re-hire the employee. Employers who give any additional information could be held liable for defamatory or n… Read More

Severance Agreements

Another great way to limit your liability in terminating an employee is to provide a severance agreement. A severance agreement is an agreement where the employee agrees to release the employer from any and all liability and the employer agrees to pa… Read More

Defending Against Lawsuits

Kevin Schwin is devoted to representing primarily employees. Thus, Mr. Schwin is not willing to defend employers in lawsuits. However, sometimes employers sue employees for various claims. If you have been sued, or are about to be sued, by your… Read More