Our litigation style is to aggressively advocate the interests of our clients. Through a cooperative relationship with our clients, we establish a clear understanding of their desired result, tailor a litigation strategy to achieve the objective, and promptly communicate significant developments.

Many employees are convinced that because they are an "at-will" employee they can be terminated at any time, for any reason. This is not accurate. Federal and California employment laws create rights within the employer-employee relationship. Even an "at-will" employee cannot be terminated in violation of these Federal and California employment laws.

If you believe you were wrongfully terminated, please contact us to schedule a free consultation with an attorney to discuss and learn more about any options you may have.

Many employees are convinced that because they are an "at-will" employee they can be terminated at any time, for any reason. This is not accurate. Federal and California employment laws create rights within the employer-employee relationship. An "at-will" employee cannot be terminated or otherwise discriminated against or harassed in violation of these Federal and California employment laws.

Generally, employees have the right to be free from discrimination and harassment based on age, gender, race, national origin, and religion in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employers from this conduct throughout all aspects of employment, including the application process, promotions, and termination. Other Federal laws expand on these prohibitions and/or create new categories of protection.

The Americans With Disabilities Act (ADA) additionally prohibits discriminating against an employee with a qualified disability. The employer cannot discriminate based on the disability if that employee can perform essential functions of the position with or without reasonable accommodation. Similar to disability discrimination, an employer may not discriminate or harass an employee in violation of the Family and Medical Leave Act (FMLA). The FMLA allows for employees to take up to a 12 week leave of absence and preserves the employee´s position for the duration of the leave.

The Age Discrimination in Employment Act (ADEA) prohibits discriminating against employees who are 40 years of age and older based on their age. This includes the prohibition of favoring younger workers to the detriment of those older workers 40 and over.

The California Government Code expands on the Federal laws above and has combined the protections granted to employees in a single statute known as the Fair Employment and Housing Act (FEHA). The FEHA prohibits discrimination and harassment because of race, religious creed, color, national origin, ancestry, physical disability, age, sex or sexual orientation of any person. California law also protects pregnant women with the California Family Rights Act (CFRA) and may protect parents who take time off of work to be involved with various school activities of their children. This list is not exhaustive, and California employment laws may protect you.

If you believe you are being harassed or discriminated against for what you believe is unfair, please contact us to schedule a free consultation with an attorney to discuss and learn more about any options you may have.

If you believe you were wrongfully terminated, please contact us to schedule a free consultation with an attorney to discuss and learn more about any options you may have.

Retaliation generally occurs where the employee has been involved in or participated in, directly or indirectly, a complaint made to the employer about illegal, unethical, or improper business practices of the employer.

If you believe you have been retaliated against, please contact us to schedule a free consultation with an attorney to discuss and learn more about any options you may have.

Many employees believe because they are salaried, they are not entitled to overtime and meal and rest period breaks. Unfortunately for the employer, the employer does not get to make the decision of who gets overtime pay and who does not get overtime pay. California and Federal laws regulate who is exempt and who is non-exempt from the overtime regulations. Sometimes nationwide employers, and even California employers, are not familiar with California law and misclassify their employees depriving them of their rightful wages.

If you would like to find out if you are entitled to overtime pay, please contact us to schedule a free consultation with an attorney to discuss and learn more about any options you may have.

Departing from employment, whether voluntary or involuntary can involve important decisions including severance pay, insurance, benefit programs, unemployment compensation, covenants not to compete, and confidentiality agreements.

If you would like help negotiating a severance agreement or would like to learn about what rights you may have, please contact us to schedule a free consultation with an attorney to discuss and learn more about your options.

Divorce in California is used to describe the termination of a lawful marriage. A marital dissolution action may include issues relating to custody, visitation, child support, spousal support and the division of property. Our role is to protect your interests and your children´s interests. When possible we pursue settlement options in order to reduce the financial and emotional toll of divorce proceedings.

Custody is made up of two forms: legal and physical. Legal custody refers to the decision making right and responsibility pertaining to issues like education, religion, and non-emergency medical care. Physical custody refers to the actual care and control of the children.

Issues relating to custody and visitation are among the most contentious and emotionally charged in divorce cases. Our role is to help our clients resolve the custody disputes incident to their divorce by offering fair and effective representation designed to protect the children and our clients.

California uses a formula to calculate child support. Both parents have a general obligation to support minor children. Such factors as the parties´ respective incomes and the custodial timeshare are taken into consideration.

Spousal support is determined pursuant to the guidelines set forth in the California Family Code. The amount and duration of support is determined by such factors as the length of the marriage, the parties´ respective earning capacities, the ability to pay support, the needs of each party based on the standard of living established during the marriage, the obligations and assets of the parties, the age and health of the parties, and other factors as enumerated in the Family Code.

At the time of divorce, each party is entitled to an equal division of the property and debts acquired during the length of the marriage. Property subject to division includes real property, household furnishings, employment benefits, retirement benefits, and other assets acquired during the marriage.

In California, the law provides that a parent, whether married or unmarried, has a right to have frequent and continuing contact with his or her child. Parentage is determined by either parent filing with the Court a Petition to Establish a Parental Relationship.

Pre and Post Marital agreements are entered into either prior to the marriage or during the marriage, that dictate the distribution of property in the event of a dissolution.

Co-Habitation agreements are entered into by parties not in a lawful marriage which in the event of separation dictate the distribution of property.

In California the union of same sex partners is recognized through Domestic Partnership which confers similar rights and obligations as a legal marriage. When a Domestic Partnership terminates, disputes over child custody, visitation, property division, and support arise and are treated similarly to a dissolution of marriage.

Owning and renting commercial or residential property invokes very specific legal rights and responsibilities. In some cases the owners are legally responsible for the unlawful actions of their employees, including but not limited to their managers. Harrison, Tibor & Castillo can assist by educating the owner and employees about the rights and responsibilities of both the landlord and tenants. Harrison, Tibor & Castillo can advise whether and when an unlawful detainer action is appropriate, when to provide a 3-day, 30-day, or 60-day notice, and will represent the landlord from the complaint through levying on a writ of possession.

If you would like help negotiating, drafting, or reviewing a contract/lease or would like to learn more about what rights you may have, please contact us to schedule a free consultation with one of our attorneys.

Personal Injury claims include, but are not limited to, the following:

• Medical Malpractice
• Slip and Fall
• Product Liability
• Car Accidents

Contracts are the foundation of business. They are the rules of the relationship between the parties which define the methods of performance and separation and provide for penalties in case of breach. Harrison, Tibor & Castillo can help you ensure that you have adequately protected your interests through contract and enforce the benefit of the bargain.

If you would like help negotiating, drafting, or reviewing a contract or would like to learn more about what rights you may have, please contact us to schedule a free consultation with one of our attorneys.

DO YOU HAVE A CASE?