OUR LEGAL PRACTICES

BREACH OF CONTRACT

When executing a contract, the parties expect that the other will honor the terms of the agreement. However, when a dispute arises as the result of one or more parties failure to perform you want an experienced attorney to protect your interests and assist you in resolving the matter with the best possible outcome.

At LOPK we represent businesses and individuals in a wide range of contract matters. We work together with our clients to resolve the issues as expeditiously as possible so that they can move on with their businesses and their lives.

If you have entered into a binding contract where the other party failed to honor the terms of the agreement, we can assist you in recovering the losses you incurred in addition to any other remedies that may be available either by statute or as provided in the terms of your agreement.

We have the experience, knowledge and resources to represent you in matters related to:

Partnership disputes
Payment and Collection of Debt
Business Tort Claims
Fraud/Misrepresentation
Employment Agreements
Severance Agreements
Unfair Competition
Non-Compete Agreements
Non-Disclsoure/Non-Circumvent Agreements

DEFAMATION

For most, the internet has revolutionized our way of life and how we do business.  Unfortunately, the freedom the internet offers is often abused by ill-intentioned users who seek to use it as an anonymous platform for malicious and defamatory remarks.
These “anonymous” and defamatory posts can destroy a business or professional career or lead to the cancellation of a business deal and/or decrease in stock value for some companies.
Many businesses, executives, entertainers, professionals and entrepreneurs have suffered anonymous attacks on their reputation and goodwill from defamatory remarks posted on rating websites, social networks and public message boards.  Often times, individuals who post damaging content online mistakenly believe that their internet anonymity is a free speech right, or that it shields them from prosecution.  This is not the case.
At LOPK, we are dedicated to bringing perpetrators of internet defamation to justice and obtaining removal of defamatory online content.
In certain cases, a cease-and-desist letter will convince the website owner or poster to remove the defamatory content voluntarily.  Nevertheless, a defamation lawsuit may be necessary to identify your cyber-stalker, obtain monetary damages, and the removal of the defamatory content from the internet.
If you feel you are the victim of internet defamation, we invite you to call or email us to learn more about how we can assist you in obtaining justice against your cyber-stalker(s) and ways in which the damaging content may be permanently removed.

DISCRIMINATION

State and federal laws prohibit discrimination or harassment based upon sex, age, race, disability, religion, sexual orientation, veteran status, ancestry, or even having a hostile work environment.
In California, the Fair Employment and Housing Act (“FEHA”) prohibits both housing and employment discrimination, harassment and retaliation based upon race, religious creed, color, national origin, ancestry, physical disability (including AIDS and HIV), mental disability, medical condition, marital status, sex (including pregnancy, childbirth, or related medical conditions), age (40 or older), or sexual orientation(heterosexuality, homosexuality, and bisexuality).  The prohibition includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. Physical and mental impairment includes conditions that are disabling, potentially disabling, or perceived as disabling.
Additionally, it is unlawful under the FEHA to refuse to grant a female employee up to four months of pregnancy disability leave.  The California Family Rights Act (CFRA) (Gov. Code, § 12945.2) added provisions to the FEHA to provide up to 12 workweeks leave for the reason of the birth of a child of the employee, the placement or adoption of a child by the employee, the serious health condition of the child, parent, spouse, or the employee.
The FEHA also protects employees and contract workers from harassment on any of the prohibited bases in the work place.  Harassment because of sex includes sexual harassment, gender harassment, same-sex harassment, and harassment based on pregnancy.  Sexual harassment may be “quid pro quo,” involving situations where the victim’s submission to sexual advances or conduct is made a condition of an employment benefit, or it may create a “hostile work environment,” which deprives the employee of a discrimination-free work environment.
At LOPK, we celebrate diversity and are dedicated to protecting the rights of employees and ensuring that each of our business clients implement and enforce the proper policies and procedures to honor and protect those rights throughout  Southern California.
We are well versed in handling employment legal challenges from both the plaintiff’s and defendant’s perspective and ranging from an employers’ need for in-house counseling to courtroom litigation in alleging and or following charges of discrimination and harassment.
We welcome the opportunity to assist you in your concerns and needs regarding this area of law and invite you to call or email us to discuss how we can be of assistance now and in the future.

EMPLOYEE/EMPLOYER RELATIONSHIPS

At LOPK, we counsel clients in preventive legal solutions that allow our clients to achieve their business goals together with the confidence that they can provide their current and future employees a collaborative workplace where they can grow and prosper together free from discrimination and/or harassment.

Our services include counsel regarding a range of employer/employee relationship issues that include:

Employee Handbooks
Hiring/Firing Policies
Employment Agreements
Severance Pay
Labor Code
Sexual Harassment Policies
Hostile Work Environment
FMLA and Pregnancy Leave Policies
Social Networking Policies
Defamation
Disability Accommodations

RIGHT OF PUBLICITY

In California, the Right of Publicity protects against unauthorized uses of a person’s name or likeness for commercial and certain other exploitative purposes. Such protection is governed by both statutory and common law rights.

California Civil Code § 3344, protects a person’s: name, voice, signature, photograph, and likeness.

Specifically, the statute prohibits “knowing” use of a person’s name/likeness/etc.,
on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent[.] (Cal. Civ. Code § 3344(a))

The mere fact that a person’s likeness is used in connection with a commercial product or service does not violate the statute. Rather, the statute focuses specifically on advertising uses of a person’s likeness:

[I]t shall be a question of fact whether or not the use of the person’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required[.] (Cal. Civ. Code § 3344(e))

At LOPK, we assist clients in seeking redress for the unauthorized use of their right of publicity in connection with products and services. We also help emerging artists understand the value in protecting their image both now and in the future including guarding against unknowingly signing over their rights for the use of photographs in stock photo collections which can be used for all purposes without recourse by the uninformed creative artist.

We invite you to call or email us if you’d like to discuss how we can assist you in protecting against the unauthorized use of your name and likeness and to ensure the proper compensation if your name, image or likeness is used as part of an industry branding campaign.

SEXUAL HARASSMENT

You have a right to be free from sexual harassment at work. It’s as simple as that.
Sexual harassment is by far the most prevalent form of harassment individuals experience in the workplace. Sexual harassment violates the law when it is so severe or constant that it alters the conditions of the victim’s employment and creates a hostile work environment.
Sexual harassment is illegal under both federal and California law. In California, sexual harassment is prohibited for employers of any size.
Sexual harassment takes many forms. Being the subject of sexually-charged jokes or pranks, being touched or whistled at, sexual advances, requests for sexual favors or other verbal, visual, or physical conduct of a sexual nature can qualify as sexual harassment.
Moreover, sexual harassment can be perpetrated by a variety of individuals that are not limited to co-workers and supervisors, but also include business invitees and/or vendors who visit or are present in the workplace or at work-related events.
At LOPK, we strive to abolish the existence of sexual harassment in the workplace and advocate regularly for workplace reform and awareness of what constitutes sexual harassment. No one should be made to feel that their job depends on their participation in work-related social activities and/or interaction with certain business professionals and/or business clients to promote their employer’s business interests.
We have experience in representing both Plaintiffs and Defendants in this area and are uniquely suited both to assist employers in creating a hostile-free work environment free from sexual harassment and to assist victims of sexual harassment navigate the uncertain waters of reporting and claiming their right to enjoy the benefits of employment free from harassment.
If you feel you have been the victim of sexual harassment in the workplace, please do not hesitate to contact us to learn how we can assist you in seeking justice for the harassment you have endured and in taking your place in an harassment-free work environment.
Or, if you are faced with defending against claims of sexual harassment, we are here to assist you in the defense of those claims and ensuring against future actions by providing counsel in preventive legal solutions for creating and maintaining a harassment-free work environment.

WAGES & HOUR VIOLATIONS

With all the recent exposure and press regarding employment and wage and hour issues, it’s hard to believe that employers still blatantly break employment laws and in the process, violate the rights of their employees, exposing themselves to costly litigation and negative publicity. Nevertheless, employment law violations do occur, from small family-owned businesses to well-known industry chains.

If you have questions regarding the laws governing wages, breaks, overtime pay and related issues, we invite you to call or email us to discuss how we can be of assistance to you. We are well-versed in all types of wage claim cases resulting from a broad range of issues, including:

Failure to provide meal and rest breaks
Wage and overtime disputes
Improper employee classification
Working off-the-clock
Failure to reimburse
Failure to pay wages due at time of termination
Failure to pay all wages due
Failure to keep accurate time records
Failure to provide accurate wage statements

At LOPK, we are dedicated to both assisting employers in maintaining the appropriate policies and procedures to ensure their compliance with the labor code and wage & hour orders and representing employees who have been the victims of their employers’ violations of the rules governing employment compensation and meal and rest breaks.

We invite you to call or email us to discuss how we can assist you in your employment law needs.

WRITS AND APPEALS

Price Kent has a team of experts ready to advise our clients on Writs and Appeals related matters in California. We extend our legal experiences to serve clients of all types and sizes. Contact us now.

WRONGFUL TERMINATION

In California, “Wrongful Termination” can mean many things. Within the employment spectrum, this can include any termination that is illegal under state or federal law or that violates California’s “public policy” and/or terminations which courts have ruled are an illegal basis for termination.

Here are just a few scenarios that may qualify a termination of employment as “wrongful”:

• You were terminated for complaining about something or someone at work;

• You were terminated for complaining to a third party about your employer – for example, filing a claim against your employer with the Labor Board or the DFEH or EEOC;

• You were terminated for refusing to participate in an illegal activity;

• You were terminated for engaging in a “protected activity,” i.e. doing something California or federal law gives you the right to do – for example offering your support and/or belonging to a particular political or activist group; or

• The reasons you were given for your termination appear to be a “cover up” for another reason.

If you feel you have been wrongfully terminated, or you are facing a claim for wrongful termination, we invite you to call or email us to discuss how we can be of assistance with this or any of your employment law needs.

At LOPK, we are dedicated to protecting the rights of  employees who have been wrongfully terminated and to counseling businesses not only when they face these types of employment challenges but also to assisting businesses in creating and maintaining a legally compliant employment environment that fosters creativity and a sense of well-being for their employees.