Gonzalez v. Kalu, 140 Cal. App. 4th 21 (2006)

Gabriela Gonzalez, who worked as a cleaner for a building maintenance company, hired an attorney to represent her in a matter involving a possible sexual harassment claim against her employer. The attorney sent a letter to Gonzalez’s employer asserting the employer’s liability, threatening to file a lawsuit and demanding a settlement. The letter also warned the employer not to retaliate against Gonzalez by terminating her employment; Gonzalez’s employment was terminated by the end of the month. The attorney then filed an administrative complaint with the Department of Fair Employment and Housing and sent another letter to the employer, asserting there had been illegal retaliation and stating that he would be filing a lawsuit on Gonzalez’s behalf as soon as he received the right-to-sue letter. Gonzalez alleged that she did not hear from the attorney for three years – until she came to his office to pick up her file in connection with separate litigation against her former employer and was told that the attorney would not be prosecuting the sexual harassment claim on her behalf. The attorney demurred to the malpractice complaint on the ground that it was barred by the one-year statute of limitations. Although the trial court granted the attorney’s motion for summary judgment, the Court of Appeal reversed, concluding there was a triable issue of fact whether the attorney continued to represent Gonzalez, which would toll the statute of limitations. Cf. In re ZiLog, Inc., 450 F.3d 996 (9th Cir. 2006) (Ninth Circuit reverses dismissal and discharge of contract, tort and discrimination claims untimely filed against employer in bankruptcy based upon communication from employer to employees that seemed “designed to lull [them] into a false sense of security about the need to file claims”); Wasti v. Superior Court, 140 Cal. App. 4th 667, 2006 WL 1653385 (2006) (unrepresented employee need not serve upon employer a copy of complaint filed with Department of Fair Employment and Housing before proceeding with FEHA claim).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.