Are you searching about defending a PAGA lawsuit against a San Diego or California employer?  Business owners and employers are facing rapidly rising exposure to employment related disputes and judgments as lawsuits against San Diego employers have more than doubled in recent years compared to a decade ago.

Key Takeaways Regarding a PAGA Lawsuit Against a San Diego or California Employer

• California business owners and employers are facing rapidly rising exposure to employment related disputes and judgments as lawsuits against San Diego and California employers have more than doubled in recent years compared to a decade ago.
• PAGA lawsuits allow employees to seek direct compensation for stepping into the shoes of the State Attorney General to bring labor-related cases against their employers.  This attracts plaintiff’s attorneys seeking to develop a seemingly small dispute into a large class action lawsuit with extensive damages and attorneys fees.  It also allows the employees who brought the suit to keep a large portion of the resulting damages.
• The best strategy in a PAGA lawsuit against a California employer? Fast, immediate action! You need to understand there is an unknown 30 day clock running against you right now, and there are actions you can immediately take to mitigate the potential damages, or remediate underlying issues altogether.

The Root of a PAGA Lawsuit

The root of a PAGA (Private Attorneys General Act) lawsuit is often related to wage and hour violations such as insufficient pay, alleged employment bias, violations of meal and rest breaks, unpaid overtime and misclassification of 1099 workers.  PAGA actions can also be based in health and safety violations and unfair business practice actions.  California agencies such as the Employment Development Department (EDD) are aggressively pursuing “wage theft” claims against San Diego employers.  What is the best employer defense strategy going forward?

What are the Risks Associated with a PAGA Lawsuit

A PAGA lawsuit against a San Diego or California employer is essentially a Qui Tam or whistleblower type of claim. PAGA lawsuits allow employees to seek direct compensation for stepping into the shoes of the State Attorney General to bring labor-related cases against their employers.  It also allows the employees who brought the suit to keep a large portion of the resulting damages. This attracts plaintiff’s attorneys seeking to develop a seemingly small dispute into a large class action lawsuit with extensive damages and attorneys fees.

The greater the number of employees you have, the higher the risks associated with a PAGA lawsuit.  PAGA allows the plaintiff(s) to bypass any arbitration provision or class action defense provisions contained within your employment contracts, employee handbook or policies and procedures.

It also allows the source of the lawsuit (one or a few employees) access to all information in your company about existing and past employees who might have any potential claim against your business.  A PAGA lawsuit opens the door for investigation of any violation of the California Labor Code and employment laws even if those violations did not have any affect on the individual(s) who are bringing the PAGA action against you.

The Best Strategy in a PAGA Lawsuit Against a San Diego Employer

What is the best strategy in a PAGA lawsuit against a San Diego or California employer? Fast, immediate action! You need to understand there is an unknown 30 day clock running against you right now, and there are actions you can immediately take to mitigate the potential damages, or remediate underlying issues altogether.  If you have strong suspicions that an employee is about to file a dispute or have been contacted by a law firm requesting simply “information” you need to make an immediate call to the Watkins Firm for a free and substantive consultation at (858) 535-1511.

We can help you to verify your concerns and, if necessary, take immediate action to remediate or mitigate the circumstances to greatly reduce your financial and legal risks and exposure.  The actions you take in the next few days could be the difference between a problem of a few hundred dollars and a major lawsuit worth tens or hundreds of thousands of dollars.

Protect yourself, your business, your bottom line and all you’ve worked so hard to build.  We invite you to review our Podcast Episode 18 – Private Attorneys General Act – PAGA as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.

In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.