Higher Education Experience

• 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.

Employment Class Action Experience

• Represented private university in early successful resolution of wage and hour class action claim involving meal and rest breaks and PAGA claims.
• Represented large local beverage distributor in wage and hour class action involving meal, rest break, non-compliant paystubs, unfair business practices and PAGA claims; successfully accomplished Pick-Up Stix settlements, reducing class significantly which lead to early settlement at mediation.
• 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 and successfully resolved litigation against large employer involving allegations of constructive discharge, transgender harassment/  discrimination and retaliation.
• Defended large employer in two-week jury trial involving claims of wrongful termination, retaliation, sexual harassment, and disability discrimination. Successfully obtain a defense verdict on all claims.
• Defended large employer in two-week binding arbitration involving claims of wrongful termination and retaliation. Successfully obtained a defense award on all claims.
• 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 large retirement home business in successful resolution of wrongful termination and defamation claims in Sacramento County Superior Court.
• 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

• Provides advice regarding employee reductions, separations, severance agreements, leaves of absence, disability accommodations, performance issues and proactive discipline.
• Prepares 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.
• Conducts investigations into employee complaints of harassment, discrimination, and retaliation.
• Conducts supervisor sexual harassment prevention training to over 30 California employers, including executive team training in harassment prevention and classification of independent contractors.

Investigation Experience

• ATIXA Civil Rights Investigator Certification Trained (including trauma informed processes)
• Conducts workplace and Title IX investigations in compliance with ever changing federal and state laws and regulations
• NACUA Investigator Trained

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.