Practice Areas

   We represent employees who are owed wages, as well as other related employment law issues, such as wrongful termination, discrimination and retaliation.

   Employment litigation incorporates a wide spectrum of subjects and there are various prerequisites that need to be met in order to file a case. Wrongful termination is typically proven where there is harassment, retaliation or discrimination.

Some common employment law claims include:

• Wrongful termination
• Retaliation for a protected activity
• Discrimination
• Sexual harassment
• Contract disputes
• Wage and hour
• Unpaid wages
• Meal and rest breaks

  It is illegal for an employer to fail or refuse to pay employees for the time they have worked. Our mission is to tenaciously advocate the rights of employees who have been affected by wage and hour violations and ultimately help them recover fair pay.

   Employers can lose integrity by pursuing immediate economic advancements and it could leave them vulnerable to an employment litigation lawsuit. Your employer could retaliate against you in response to you reporting negative practice. Or you could have been funneled into constructive termination which occurs when working conditions are so intolerable that you were forced to quit or resign. You can also have a case if you refused to follow illegal orders and lost your job as a result. Every situation is needs to be analyzed so the facts could be used to argue in your favor.

   We understand that losing a job can have a devastating effect not only on the financial well-being of our clients, but also on their emotional well-being and that of their families.

We have an excellent record of handling high-profile disputes, regularly handling employment cases arbitrations, as well as advising on sensitive severance issues, class actions, whistleblower claims and more standard disciplinary issues.

   The law gives victims the right to seek legal relief when they have suffered from wrongful termination, discrimination, and other types of employer misconduct. Depending on the nature of your employment law case, you may be eligible for different “damages” or forms of relief.

   Some forms of relief may include:

• Lost wages and benefits
• Damages for emotional distress (common in cases involving sexual harassment or discrimination)
• Punitive damages (if your employer undertook particularly egregious actions)
• Court costs and attorney fees
• Reinstatement to your previous position

   If you believe you have damages in any form, we may be able to help you. Contact our firm today to discuss your case.

   If you have been injured due to someone else's negligence, you deserve compensation for your injuries and losses. Our law firm provides compassionate representation in personal injury cases, including car accidents, slip and fall accidents, and medical malpractice. We will fight for your rights and get you the compensation you deserve.

   We understand the challenges of running a business. Our law firm provides comprehensive legal services to businesses of all sizes, including contract negotiations, mergers and acquisitions, and corporate governance issues. We will work with you to achieve your business goals with compassion and understanding.   

   From helping small to medium sized businesses resolve disputes to handling the most complex corporate litigation, we excel at protecting the rights of businesses and minimizing risks in litigation. We routinely handle all aspects of business activities for corporations, limited liability companies, general partnerships and limited partnerships, protecting our clients’ interests from the uncertainty and unfortunate business disputes that can occur in the business world. We aggressively seek litigation solutions short of trial, and we have significant expertise in alternative dispute resolution methods such as mediation and arbitration.

   Our business and commercial litigation practice includes but is not limited to representation of plaintiffs and defendants in the following areas:

• Breach of contract
• Fraud
• Breach of fiduciary duty
• Employment disputes
• Non-compete issues
• Partnership disputes
• Shareholder derivative actions
• California unfair business practice cases
• Commercial real estate disputes
• Intellectual property disputes
• Class actions
• Forming companies

   We prosecute and defend our cases aggressively, effectively, and diligently. We look for creative strategies to swiftly resolve difficult disputes advantageously for our clients, in an efficient and cost-effective manner.

   There is much more to business litigation after filing a lawsuit. Give us a call and get an evaluation on your dispute. Make sure you are in the best hands when fighting for your business.

   Owning, transferring, or buying property is a sophisticated process that can create myriad disputes from bad deals to undisclosed information. There are diverse issues and specific challenges that require expertise in each case, and it is essential to be prepared and informed about your unique situation. If you are facing a lawsuit either commercial, industrial, or residential we have the experience and aggression to carefully dispute matters in real estate litigation.

   Although pursuing litigation takes time, commitment, and persistence, we will put in the work to find out exactly what went wrong with your situation. It is a process and we can fight for you!

Real estate litigation often requires implementing various methods of investigation and answering complaints within a given time frame.  It is essential to be well informed, organized and to find out as much information as possible on the prevailing issues and opposing party.

   Maybe there are alternatives that can be pursuit for a quick resolution. We just need the facts and will implement the best legal action possible.

• Restructuring financial obligations
• Deed restrictions and land use
• Real estate contract disputes
• Landlord/tenant disputes
• Commercial and retail evictions
• Zoning and Entitlements
• Property tax disputes
• Buy-sell agreement and security enforcement
• Modifying the relationship of debt and equity

   Our real estate lawyers act for clients across the full range of real estate matters including direct and indirect investment transactions, real estate financing, ownership disputes and dispute resolution.

   Depending on your unique situation we will be glad to speak with you in regard to your Property or Real Estate issue. We have the significant experience and utilize our resources to maximize your chances of opportunity.

    A class action lawsuit is a lawsuit in which a group of people with the same or similar injuries caused by the same product or action file suit against the defendant as a group. Being certified as a class can enable litigation to proceed more expeditiously and cost-effectively, particularly in cases pursued against large corporations. Because they reduce the costs of legal pursuit, class actions may provide the only means for some individual claimants to pursue their case. The judgment or settlement agreed to arise from the suit covers all members of the group or class, where penalties paid by the defendant are divvied up among class members

   Trujillo & Winnick, LLP is committed to bringing justice and the best legal advice related to employment, securities, privacy/data violations and consumer product liabilities. We want to protect our clients who have been victimized by large companies.

   Our veteran trial lawyers have successfully managed complex and class action litigation as lead or co-lead counsel, obtaining substantial settlements in groundbreaking cases in the following areas:

• Securities fraud
• Labor and employment law
• Consumer protection
• Privacy/Data violations
• Banking
• Consumer fraud, Consumer protection (fraud, false advertising and unfair business practices)
• Energy and Environmental problems
• Pharmaceutical and Drug

   If you feel that you and other persons have been negatively affected by a product or service, you and your class may be eligible for legal compensation.

   If you are a victim of any of these issues, our relentless California class action lawyers are prepared to aggressively defend your rights.

    Predatory lending can put well-meaning people into a vicious cycle that makes it nearly impossible to make ends meet. From pursuing a mortgage or accepting an offer that was engineered to fail which results in so many Americans pain and hardship.

   Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty. Lenders can be subject to borrower litigation under a variety of legal claims usually involving breach of contract and/or fraud.

   Deals go wrong, but it is unfair if the deal was drafted in a way to take advantage of law-abiding citizens. Buying a home or conducting business is a very complicated process and both parties need to assure that deal making is conducted truthfully and transparently.

   Our lender litigation practice includes but is not limited to representation of residential and commercial borrowers with the following issues:

• The foreclosing lender does not own the mortgage and has no right to foreclose
• The lender failed to comply with federal regulations when closing the loan
• The lender failed to foreclose in accordance with California law
• The lender engaged in predatory lending practices, lending money when it knew the borrower could not afford the loan
• The lender exercises excessive control over the borrower’s business and is liable for the borrower’s actions
• The lender commits fraudulent acts in connection with originating or servicing the loan
• The lender participates in a borrower’s fraud
• The lender fails to act in good faith or fairly as required by the Uniform Commercial Code (UCC)

   Trujillo & Winnick LLP has years of experience and fighting for Borrower regarding wrongful lending practices.

   We want to protect you from abusive and unfair practices that debt collectors implement in order to intimate you. We want to bring forth the best options so that you avoid foreclosure, win your dispute, or successfully settle your case.

   We will implement our experience to assure that high risk deals are taken care of fairly and bring justice to those who manipulate the financial and legal system.

   As healthcare employers continue to face a rise in the number of workplace issues, we examine measures to address and curb these issues. Our experience and considerable knowledge across a wide range of positions in the healthcare industry is the keystone of Trujillo & Winnick, LLP. Our lawyers support their clients in courts, arbitration, mediation, and administrative proceedings by combining in-depth experience in healthcare matters with litigation skills developed in trials and hearings, as well as participating in the government investigations and negotiating settlements. 

   We provide comprehensive litigation services for any disputed matter and strive to achieve the best results for our clients.

   We offer comprehensive representation in the following areas of healthcare employment:

• Wrongful termination - Wrongful termination lawsuits may be filed in circumstances relating to violations of employment contracts, whistleblower cases, retaliation, avoid paying wages, commission, bonuses or benefits.
• Retaliation - Retaliation for reporting or complaining about any kind of unlawful discrimination or harassment, including sexual harassment, “whistle-blowing” on violations of the law, including workplace safety regulations or wage-and-hour violations.
• Discrimination - Due to race and color, nationality, sexual orientation, pregnancy status, marital status, gender identity, disability, religion or age.
• Harassment - This could be sexual, or simply being mistreated after whistleblowing. Major problems in hospitals can erupt if varying degrees of harassment are not mitigated quickly. Healthcare employers also may not fire you for reporting sexual harassment or for supporting another's allegation of sexual harassment in the workplace.
• Unpaid and overtime wages - Non-exempt employees working past 40 hours must be given 1.5 times their hourly rate, but often they are not. Commissions, bonuses and other compensatory promises fall under this category.
• Meal and rest breaks - Employees must receive a 30-minute unpaid meal break for every five hours they work. They can waive their right to take a meal break only if they work no more than six hours. A second break must be provided after 10 hours but can be waived if the first break was taken.
• Class actions – Due to missed/late meal and rest breaks, misclassification, off-the-clock work, reporting time pay, equipment/business expense reimbursement, pay stubs, class action waivers in arbitration agreements.

   California provides healthcare professionals with unique protections against retaliation due to complaining about patient care, conditions or other safety issues. 

   No employer shall discriminate or retaliate, in any manner, against any employee, member of the medical staff, or any other healthcare worker of the health facility because that person has engaged in any protected activity, including complaining to the facility regarding the quality of care, services or conditions at the facility. Health & Safety Code § 1278.5(b)(1).

   This law specifically protects individuals who complained about “issues relating to the care, services and conditions of a facility.” The health facility, or any entity that owns or operates the facility, cannot retaliate, or discriminate against you, if you report any suspected violation of patient care of the facility.

   For example, it is illegal for an employer to retaliate against an employee for:

• Acting as a “whistleblower” with regard to corporate wrongdoing
• Complaining about wage and overtime practices
• Complaining about discrimination or harassment
• Complaining about accounting irregularities
• Healthcare workers complaining about patient care issues
• Taking necessary medical leave or participating in jury duty
• Filing a claim for workers’ compensation benefits
• Refusing to engage in illegal or unethical activities
• Advocating for medically appropriate healthcare
• Refusing to lie to a government agency
• Engaging in lawful conduct outside the workplace

   California Legislature has declared it is the public policy of the State of California to encourage nurses, members of the medical staff, and other healthcare workers to report suspected unlawful conditions. This reporting not only helps to protect patients and assists accreditation and government entities but also protects the employment of those that fulfill this duty by making such reports.

   Any employee who is discriminated against under this section may be entitled to reinstatement, reimbursement for lost wages and work benefits, emotional distress damages, legal costs, or any other remedy warranted by the court.

   If you are experiencing any of these issues in your workplace or suspect you have been the victim of a wrongful termination, retaliation or unfair dismissal, your employer may be violating the law. Our firm would be glad to discuss your concerns and help you to determine a legal strategy best suited for your needs and situation with you.With over 15 years of experience in the courtroom, I have the skills and expertise necessary to represent you effectively. I have successfully represented clients in a wide range of cases, from criminal defense to personal injury.