- Business DisputesDavid De Castro is the first attorney I think of for companies needing representation related to employment law or business disputes. As a mediator for one of his cases, I was impressed how prepared he was–quickly, clearly, and persuasively presenting his client’s side of the dispute, while utilizing a power point presentation he created specifically for his client.
- Wrongful TerminationDo you have an employee that is not performing? Is the employee creating more trouble than she is worth? Are you ready to terminate her but are worried about legal ramifications? De Castro & Morrow, LLP can help. We routinely counsel companies on how to properly terminate an employee and can often ensure that a “wrongful termination” lawsuit will
- Employment Contract
- Employment LitigationDe Castro & Morrow advises small and mid-sized businesses on the complex state and federal laws relating to employment issues. De Castro & Morrow are proactive consultants and advisors, working closely with their clients to ensure that potential problems are avoided.
- Severance AgreementChanges to Confidentiality Provisions in Settlement/Severance Agreements: In 2018, SB 820 made it illegal for settlement/severance agreements to contain provisions that would restrict the disclosure of factual information related to claims of workplace harassment or discrimination based on sex only. The new law, SB 331, expands SB 820 by stating that it is now illegal for any settlement/severance agreement to contain a provision that would restrict the disclosure of factual information related to any type of workplace harassment, discrimination or retaliation on all protected categories – not just based on sex. Please note, however, these agreements can still contain clauses that prevent the disclosure of the amount of the settlement.
- Sexual HarassmentIn addition to his extensive litigation experience, Mr. Morrow has drafted a number of employee handbooks, independent contractor agreements, settlement agreements and other legal memoranda. He has also participated in and conducted a number of company investigations regarding discrimination, sexual harassment and other employer/employee issues. Mr. Morrow has conducted management training and has provided daily employment law advice to companies regarding terminations, layoffs, suspensions, demotions and disciplinary actions in order to prevent litigation risks.
- Real Estate LitigationExample No. 1: De Castro & Morrow was retained to help a client evict the client’s tenant from an investment property. Without any authority, the tenant had started to make significant changes to the property in violation of the lease. The tenant tried to delay the eviction by filing suit and claiming that he had an ownership interest in the property. The problem with this argument was that the tenant only had an option to purchase the property – and had never exercised the option. The court flatly rejected the tenant’s lawsuit and granted De Castro & Morrow’s client full relief, including attorneys’ fees. De Castro & Morrow then filed suit against the tenant and his attorney for malicious prosecution. The basis for the malicious prosecution suit was that the claim for title had no merit and was obviously filed just to delay the eviction. De Castro & Morrow prevailed on the malicious prosecution case and recovered additional damages from the tenant and his attorney.
- Construction Litigation