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Benjamin Hill
Of Counsel


Mr. Hill graduated cum laude from the University of Pittsburgh where he earned a Bachelor of Philosophy degree in Film Studies with a certificate in Russian and East European Studies. He also attained the university's highest undergraduate scholarship as well as its higher undergraduate research fellowship -- the Chancellor's Scholarship and Chancellor's Fellowship. he then received the Wildman Scholarship, the highest scholarship offered by Southwestern University. After completing SouthwesternÕs two-year SCALE program, He received his Juris Doctor in May 2000 and became a member of the California State Bar later that year.

Most of his twelve years of civil litigation has been on the defense where his philosophy is simple: "assess your legal risks and identify your options for managing those risks. Please be engaged in your case because the best source of information about your case is almost always you. Ultimately, you will be the decisions about your case." As his client, he will advice that you need to make informed decisions.

There are several words that are used in the English language to describe one who practices law. Although "attorney" and "lawyer" are the most common, the more accurate term, he believes, is "counselor." According to WebsterÕs dictionary, a counselor is "one that gives advice in law and manages cases for clients in court." Mr. Hill believes his job is to provide you with precise and comprehensive advice on whatever it is that has that has prompted you to seek legal advice.

The need for quality legal advice is particularly important in the context of employment law disputes where a successful plaintiff is entitled to recover his/her reasonable attorneyÕs fees. At the moment you become aware of an actual or potential employment law dispute, it is crucial that you receive advice as to whether or nor the claim is valid. If the claim is valid, then it makes business sense to pay it quickly rather than prolong the dispute and expose your company to the risk of paying significant attorneyÕs fees to the plaintiff. If the claim is dubious, then you need someone who can manage the case once it proceeds to litigation. Over the past several years, I have defended clients successfully in numerous employment law cases. While my past successes do not guarantee future results, many of the issues that I have successfully litigated in the past have given me the experience necessary to advise you in your dispute.

  • Whether a salaried individual qualified for the managerial exception to wage and hour laws

  • Whether an individual qualified for the outside salesperson exception to Industrial Welfare Commission wage orders

  • Whether an individual alleging disability discrimination demanded accommodation from the employer

  • Whether an employer had sufficient cause to terminate an employee

  • Whether an individual was an independent contractor versus an employee

  • Whether termination of employment was in retaliation for an employeeÕs filing a claim with a governmental entity

  • Whether an employerÕs failure to pay wages timely was willful

  • Whether the records maintained by an employer were sufficient to fulfill the employerÕs duty to maintain employee records

  • Whether an individualÕs claims against a company were subject to a mandatory arbitration agreement

  • Whether an employee provided sufficient evidence to prove entitlement to overtime pay

  • Whether an employer made unauthorized deductions from an employeeÕs wages

  • Whether an employee was given sufficient pregnancy leave

  • Whether a severance agreement extinguished all of an employeeÕs claims against the employer

  • Whether an employer had legitimate, nondiscriminatory reasons for terminating an individualÕs employment

  • Whether shareholders may be held liable for a companyÕs violation of employment laws

  • Whether a company had evidence sufficient to prove that employees received their required meal breaks

If one of the issues facing your company is listed here, then you should feel confident that I have encountered it before and have delivered a winning result.

Benjamin Franklin once said, "An ounce of prevention is worth a pound of cure." That statement absolutely applies to employment disputes. Once your company has been served with a complaint, it must pay significant legal fees to defend itself. Even if your company prevails a trial, it often may not recover its attorneyÕs fees from the unsuccessful plaintiff. Avoid this scenario by investing in compliance. Although companies routinely invest in equipment and facilities, many do not invest to ensure that its employment practices comply with state and federal law. If you look your companyÕs balance sheet, chances are that your companyÕs biggest expenditure is labor. Considering how much of your companyÕs expenditures go toward human resources, failing to invest in compliance is just not an efficient use of your companyÕs finite resources. I encourage all business owners to make an appointment with me to discuss strategies for minimizing their exposure to potential employment law claims.

Although the company has been the defendant in the vast majority of my employment law cases, I have also represented companies that have been forced to litigate against its former employees. Long time employees have access to a wide range of confidential information that belongs to the company, such as: (1) identity of suppliers; (2) customer lists; (3) cost of inventory and (4) marketing data. When former employees use this confidential information to start their own competing business, a company must stop the unauthorized use of its confidential information or lose a significant amount of business that took years to develop.

Whatever has prompted to you to search for an employment law attorney, I hope that this brief introduction demonstrates to you I have the experience and results necessary to render the precise, comprehensive and accurate legal advice that your company deserves.


    Southwestern University School of Law, J.D.
    University of Pittsburg, BA Philosophy in Film Studies

    Bar Admission

    • State of California

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