Jennifer Randlett Madden

Partner—Higher Education, Employment Law

Jennifer Randlett Madden works extremely closely with her clients to proactively devise effective and  practical strategic employment programs to foster  productive workplaces and prevent claims that could result in litigation. Jennifer recognizes when claims arise, early assessments in litigation are crucial.  She engages with her clients to undertake thorough claims investigations to develop effective litigation strategies in-line with potential exposure and litigation costs.  Jennifer represents business clients in state and federal courts and before state agencies to defend against all types of employment claims including claims of discrimination, wrongful termination and sexual harassment, contract actions, disputes over non-competition and confidentiality agreements, and other business torts.

Higher Education

Jennifer Randlett Madden is one of the firm’s Higher Education specialists.

She works with public and private universities to provide day-to-day advice regarding employment, faculty and student issues and represents universities in related litigation.

Jennifer works closely with high level administrators, including Provosts and Vice Presidents to revise faculty, student and staff policies and procedures to ensure federal and state law compliance. She provides advice regarding Title IX compliance including policy scope, compliant handling, investigations and student judicial proceedings.

Jennifer also advises her clients regarding faculty governance issues and employment and faculty discipline. She successfully defends universities in employment litigation including recent claims of harassment, discrimination, retaliation, wrongful termination and breach of contract.

jen-590-crop-2
 jmadden@delfinomadden.com
916.661.5810

Assistant: Rebekah Flores
 rflores@delfinomadden.com
 916.661.5692

Representative Experience

Employment Class Action Experience

  • Successfully represented Fortune 500 national health care company in a state-wide wage and hour class action litigation for unpaid overtime, missed rest and meal breaks, penalties and unfair business practices.
  • In two separate cases, successfully opposed motions for class certification in both state and federal wage and hour class action litigation.  Motion ruling resulted in nuisance value settlement of claims with class representative.

 

Employment & Business Litigation Experience

  • Defended large local retailer in three week jury trial in Sacramento County involving disability discrimination, accommodation, failure to engage in interactive process and punitive damages claims. Obtained defense verdict and award of costs.
  • Represented local biotechnology company in a four-day binding arbitration involving claims of breach of shareholder agreement, breach of employment agreement and wrongful termination.  Successfully obtained a defense award on all claims plus costs and attorneys’ fees.
  • Represented international solar industry employer in binding arbitration involving claims of breach of contract, intentional interference with prospective economic advantage, unfair business practices and related claims.  Obtain successful award on all claims including award of attorneys’ fees and costs.
  • Represented national financial institution in multiple litigation matters in state courts involving claims of disability discrimination, sexual harassment, wrongful termination, breach of contract, retaliation and violation of public policy.
  • Successfully defended a public irrigation district General Manager in a two week trial against claims of workplace violence.

 

Employment Counseling Experience

  • Provide advice regarding employee reductions, separations, severance agreements, leaves of absence, disability accommodations, performance issues and proactive discipline.
  • Prepare executive employment agreements, employee handbooks, confidentiality and non-disclosure agreements, drug testing and other employment policies.  Provide training to employees to introduce policy changes and answer questions.
  • Conduct investigations into employee complaints of harassment, discrimination, and retaliation.
  • Conduct supervisor sexual harassment prevention training to over 30 California employers, including executive team training in harassment prevention and classification of independent contractors.

OSHA Experience

  • Represented local water district following OSHA citations. Brought appeals and successfully negotiated favorable settlement including reduction in citation designations and associated penalties.
  • Represented local manufacturing company in OSHA action following employee finger amputation. Prepared appeals and advised business client regarding safety and training improvements in the workplace. Negotiated favorable settlement including withdrawal of citations and reduction of remaining citations, including significant penalty reduction.
  • Represented a large retail company following employee fatality.       Prepared appeals, assisted with abatement efforts and negotiated favorable resolution with OSHA District Manager prior to hearing.
  • Developed Injury & Illness Prevention Program for public and private employers, including training programs and compliance. Advised employers regarding defensive practices during OSHA inspections and investigations.

Professional Affiliations

In the Community

Jennifer, a Sacramento native, is active in the local community. In January 2014 she joined and continues to serve on the Board of California Musical Theater. She previously served
on the Board of Fairytale Town where she spent much time as a child.

Professional Affiliations

  • Sacramento Area Human Resource Association, Legal & Legislative Group, Member, 2002 – Present
  • Women Lawyers of Sacramento, Member, 2002 – Present
  • Sacramento County Bar Association, Employment Law Section, Member, 2002 – Present
  • California State University, Sacramento, Human Resource Laws and Regulations, 2003 – 2006, Faculty
  • San Francisco Barristers, Board of Directors, Treasurer, 2000
  • San Francisco Barristers, High-Tech Practice Section, Co-Founder & Chair, 1998-2000
  • San Francisco Barristers Labor & Employment Law Section, Chair, 1999

Education

J.D., University of San Francisco School of Law, 1996
B.A., University of Southern California, 1992

 

Bar Admissions

California, 1996

 

Court Admissions

United States Court of Appeals Ninth Circuit
United States District Court Central District of California
United States District Court Eastern District of California
United States District Court Northern District of California

News & Publications

In the News
January/February 2009
“You’ve Been WARNed: Appropriate Care for Company Layoffs”
Comstock’s

Speaking Engagements / Events
January 30, 2014
Are You Ready for 2014? Many New Laws Will Affect California Employers
2014 Employment Law SeminarOctober 29, 2013
Keeping the Family Farm in the Family – Part 3
Presenter

2013
“Employment Law Update: Changes for 2013”
Presenter

2012
“Employment Law Update: What’s Your Next Move?”
Presenter

2011
“Counting the Hours: Increasing Accountability in Wage and Hour Practices,” Sacramento Area Human Resources Association, Annual Conference
Co-Presenter

2011
“Human Resources and Employment Law Update: Where do we go from here?” Financial Executives International, Sacramento chapter
Co-presenter

2011
“Employment Law Update: A Review of Changes for 2011”
Presenter

2010
“Top 10 Ways to Avoid Disability Discrimination Claims and Improve Interactive Process Compliance,” Association of California Water Agencies, Annual Conference
Co-presenter

2010
“Employment Law Update: Current Issues and Future Trends”
Presenter

2009
“Social Networks: A Modern Employer Threat,” Wilcox, Miller & Nelson, HR Executives in Transition
Co-presenter

2009
“An Ounce of Prevention: Human Resources Role in Wage & Hour Claims,” Sacramento Area Human Resource Association, Annual Conference
Presenter

2009
“Employment Law in Challenging Times: A Review of 2008 and Looking Forward to 2009”
Presenter

2008
“A Human Resources Tool Box for Managers and Supervisors”
Presenter

2008
“Responding to Agency Charges,” Sacramento Area Human Resource Association, Annual Conference
Presenter

2008
“How to Properly Hire, Fire & Discipline Employees,” Nonprofit Resource Center
Presenter

2008
“What Will They Think of Next: Changes in Employment Law for 2008”
Presenter

2007
“Navigating the Waters of California Law Regarding Minimum Wage and Overtime Exemptions,” Sacramento Area Human Resource Association, In-Depth Seminar Series
Presenter

2007
“A Human Resources Tool Box for Managers and Supervisors”
Presenter

2007
“Make Sense of California Leave Laws: Intersection and Overlap,” Sacramento Area Human Resource Association
Presenter

2007
“Employment Law 2007: What You Need to Know Now”
Presenter

2006
“Employment Law 2006: CFO’s Top Ten,” Executive Forums
Presenter

2006
“Finessing an Executive Termination,” Sacramento Area Human Resource Association
Moderator and Presenter

2006
“Employment Law 2005: What You Need to Know Now”
Presenter

2005
“Sexual Harassment and Investigations,” Sacramento Area Human Resource Association
Moderator and Presenter

2005
“Wage and Hour Pitfalls,” Sacramento Employer’s Advisory Council
Presenter

2005
“Employment Law Issues for California Businesses,” CEB Program
Presenter

2005
“Legislative Update and Wage/Hour Prevention,” Yuba City Business Chapter
Presenter

2005
“2004 Legislative Update”
Presenter

2004
“EEO Rules and Compliance,” Sacramento Area Human Resource Association
Presenter

2004
“Wage & Hour Update/New Legislation,” Lorman Education Services
Presenter

2004
“Employment Law: What You Need to Know to Run a Successful Practice,” Sacramento Veterinary Practice Managers
Presenter

2004
“2003 Year in Review,” Woodland and Sacramento
Presenter

2003
“Employers Can Require Arbitration Agreements”
Presenter

2003
“Critical Issues in Employment Litigation,” Continuing Education of the Bar
Presenter

2003
“The Definitive Guide to Employment Law for HR Professionals in California,” Council on Education in Management
Presenter

2003
“Best Practices in FMLA Administration,” Council on Education in Management
Presenter

2003
“Employment Law 2002: Year in Review,” Downey Brand LLP
Presenter

2002
“How to Write a Definitive Performance Appraisal,” Sacramento Area Human Resource Association Program
Presenter
Publications
December 2003
New Developments on the Arbitration Front
Sacramento Area Human Resource Association Newsletter

Winter 2000
Employee Assistance Programs: What Your Clients Should Know
California Labor & Employment Law Quarterly