Martha Doty is a labor and employment litigator who handles all types of employment cases, from single-plaintiff discrimination, sexual harassment, retaliation and wrongful termination claims to wage and hour class action suits, in state and federal courts. Martha has tried employment cases to juries and arbitrators, and she has been retained on the eve of trial to take over several employment cases. Martha also counsels public and private employers offering preventative advice on issues such as hiring, wage and hour matters, employee classification, employee handbooks, trade secrets and restrictive covenants, leave requirements, reductions in force, termination decisions and separation agreements. Outside the labor and employment field, Martha has practiced business litigation with an emphasis on franchise law. Her franchise work for oil companies involves all kinds of franchise terminations, as well as real estate, contract and tort claims related to petroleum franchise relationships. Martha is also an experienced appellate practitioner in the state and federal courts, handling appeals in the areas of employment, business torts and attorneys’ fees and sanctions issues, among others.
- Obtained an F.R.C.P. Rule 50 Judgment as a matter of law on re-trial of the wrongful termination/retaliation case described below in August 2011.
- Successfully tried a wrongful termination in violation of public policy and disability discrimination case to a jury in the United States District Court on behalf of a major oil company. After jury verdict was reversed by the 9th Circuit, obtained summary judgment in the case on remand.
- Obtained more than a dozen summary judgments on behalf of defendant employers, including several in a series of disability discrimination cases filed by the same law firm against an oil refinery.
- Successfully defended before the California Labor Commissioner an employer’s reduction in hourly rates of a large group of laboratory employees after changes in California overtime law.
- Obtained dismissals in several cases after finding information in discovery of plaintiffs’ drug use, perjury and/or other unlawful conduct.
This advisory discusses the background and implications of the September 7, 2012, decision by the National Labor Relations Board (NLRB or the “Board”) that held that an employer’s social media policy prohibiting statements that “damage the Company, defame any individual or damage any person’s reputation” violated the National Labor Relations Act (NLRA) and that employees would reasonably construe the policy to restrict certain protected concerted activities, namely communications, regarding the employer’s treatment of its employees.
September 21, 2012
"Defeating Diversity," San Francisco Daily Journal, July 24, 2009.
July 24, 2009
"The Balance of Power Just Shifted," The National Law Journal, April 27, 2009.
April 27, 2009
"Choose Your Words Wisely," Los Angeles Daily Journal, March 27, 2009.
March 27, 2009