Civil Trials and Appeals

The law firm of McCarthy & Kroes is one of the preeminent firms in California's Central Valley assisting clients with civil trials and appeals in diverse areas of law.  Our firm represents individuals, businesses and government entities and municipalities in Santa Barbara and the surrounding counties in virtually all aspects of civil litigation, including:

• Business Disputes
• Personal Injury
• Real Estate
• Elder Abuse and Neglect
• Homeowner Association Law

We also assist both plaintiffs and defendants in a range of employment disputes.  Employment disputes can arise in a variety of contexts:

• Employment Discrimination - Employees are protected against disparate treatment in every aspect of employment due to race, sex (gender), national origin (ethnicity), religion, disability, and pregnancy.  Depending upon the particular locality, other classes such as marital status or sexual orientation may also be protected.
• Wrongful termination - Unlawful discrimination is not the only basis upon which an employee may bring a claim of wrongful termination.  An employee may believe that his or her termination was based on retaliation for exercising free speech opinions that the employer disagreed with, or for reporting violations of health and safety laws or illegal activity to the authorities (whistleblowing).
• Sexual Harassment - unwelcome conduct of a sexual nature can create a hostile work environment, which may provide the basis for a lawsuit.  A hostile environment can be created by offensive comments and jokes, inappropriate touching, or obscene graffiti and printed materials, and can be perpetrated by a supervisor as well as by peers.  Quid pro quo sexual harassment, where a supervisor conditions or threatens favorable or unfavorable job treatment based on the return of sexual favors, is another form of illegal employment discrimination.
• Unemployment Compensation - an employee who is fired or who quits involuntarily (constructive discharge) may file for unemployment compensation.  It is then up to the employer to produce evidence that the employee was fired for misconduct, quit voluntarily, or is otherwise ineligible for unemployment compensation.

Employment disputes are often heard first before a state or federal agency, such as the Fair Employment and Housing Agency (FEHA) or the Equal Employment Opportunity Commission (EEOC).  Appeals may be taken within these administrative processes, and in some cases recourse may be had to the courts.  Our appellate practice includes appeals following bench trials and jury verdicts, or from final judgments based on summary judgments and other dispositive motions.  Appellate services include drafting and arguing motions and briefs. 

If you or your organization needs assistance any type of civil litigation in Santa Barbara, Ventura, or San Luis Obispo counties, contact McCarthy & Kroes today.