Louis C. Klein
Partner - Los Angeles / Indianapolis
Bar Admissions: California; Indiana; U.S. Court of Appeals, 9th Circuit; U.S. District Court, Central District of California; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of California; U.S. District Court, Southern District of California
Practice Groups: Employment Law & Litigation
Education: Whittier Law School, 1996, JD - cum laude; Vermont College of Norwich University, 1993, BA
Memberships: Association of Workplace Investigators (AWI); California State Bar Association; Los Angeles County Bar Association Armed Forces Committee; The Claims & Litigation Management Alliance (CLM)
Louis C. Klein, a partner in the Los Angeles and Indianapolis offices of Foley & Mansfield, focuses his practice in employment matters. Louis works with businesses and management in finding resolutions to workplace and employee issues and problems before they escalate to litigation. When diplomacy fails, he routinely engages in First Line Defense related to employee complaints, drawing on his years of successful litigation and trial experience.
Louis has practiced labor and employment law since 1997, defending public entity and private clients in notable cases such as whistleblowing retaliation, sexual harassment and discrimination. He is experienced in all aspects of employment counseling, litigation, workplace investigation, case management, settlement and mediation practice, and trial practice. In addition, he is often asked to speak and write about labor and employment topics for industry publications and professional conferences.
His experience includes trials, arbitrations and mediations of employment disputes, as well as participation in administrative proceedings before the California Department of Fair Employment and Housing ("DFEH"), the United States Equal Employment Opportunity Commission ("EEOC"), and the California Labor Commissioner. Louis provides advice and counseling on day-to-day employment law issues, including discipline and termination, wage and hour issues, employment contracts for employees and key executives, and other transactional/employment business advice.
For public entities, he has provided advice on personnel issues, including Skelly Hearings and disciplinary proceedings related to Personnel Commission rules.
He also provides employment training and conducts investigations in the workplace of harassment and discrimination complaints, whether filed internally or with the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission. He assists and advises clients on reducing the risks of employee lawsuits, including the drafting of employment documents, handbooks, and policy and procedures manuals.
- Successfully defended the nation’s largest Head Start program against employment claims relating to retaliation for whistleblowing in violation of California Labor Code section 1102.5 in a three week jury trial in the Los Angeles Superior Court. The jury returned a defense verdict in one hour. The Plaintiff had sought over $500,000 in damages. Prior to the trial, Mr. Klein was successful in obtaining an award of attorneys' fees based on the granting of a SLAPP motion directed at Plaintiff's defamation claim. After trial, the court granted defendant’s motion for fees and costs.
- Obtained summary judgment in federal district court relating to claims that a large public entity violated employee's First Amendment rights in retaliation for whistleblowing. The Plaintiff claimed that public entity employer had violated her First Amendment rights by terminating her employment through a reorganization. However, the court found that Plaintiff's action could not be maintained under 42 U.S.C.1983 and dismissed the action.
- Successfully argued appeal in the California Second Appellate district regarding attorney's and public employees' failure to file timely tort claims under the Tort Claims Act. The Plaintiffs' attorney had failed to timely file government tort claims on behalf of his clients who had been terminated through a reorganization. The public entity defendant had rejected the claims as late and the superior court denied Plaintiff's motion to file a late claim. The Appellate Court agreed with the superior court, finding that the Plaintiff's attorney did not show the requisite mistake or inadvertence necessary to succeed.
- Successfully obtained dismissal of multiple plaintiffs' complaint against employer for discrimination and retaliation, and obtained sanctions against plaintiffs for their failure to respond to discovery.
- Served as outside litigation counsel to the County of San Bernardino on various litigation matters, including defense of whistleblowing retaliation claims. Conducted internal investigation of retaliation claims by Chief of Staff against a County Supervisor. Successfully limited causes of action in whistleblowing actions through granting of demurrers.
- Served as outside litigation counsel for the Los Angeles County Office of Education for 8 years. Successfully defended numerous employee actions and complaints related to 5 year reorganization.
- Successfully defended Fortune 500 companies against numerous employment claims, including:
- Defense verdict in three week trial in San Diego against national delivery service company relating to sexual harassment and retaliation.
- Arbitration award for the defense in two week arbitration relating to race discrimination, sexual harassment and retaliation claims against LAX security company.
- Granting in whole, or in part, numerous summary judgment and summary adjudication motions.
- Numerous appearances before state and federal administrative agencies, including the EEOC, the DFEH, the DOL, the California Labor Commissioner and the California EDD.
- Counseled numerous private and public entities regarding employee issues.
- Neutral Investigator: Conducted several internal workplace investigations regarding discrimination, sexual harassment and retaliation as a neutral investigator for major Public entities, including the County of San Bernardino, Charter Oaks USD, Mount San Antonio Community College, and Regional Government Services. Mr. Klein is a member of the Association of Workplace Investigators.
- Harenda Bhatia v. Los Angeles County Office of Education (CA Appellate Court - 2nd District, May 21, 2007) 2007 WL 1463486
- Tito R. Pintor v. Borg-Warner Protective Services Corporation (CA Appellate Court - 4th District, January 17, 2002) 2002 Cal.App. Unpub. LEXIS 4797
- Diosdado Andallo v. Federal Express Corporation (9th Cir., December 13, 2002) 2002 U.S. App. LEXIS 26296
- Jacob v. Wells Fargo Security Guard Services (9th Cir., September 8, 2003) 2003 U.S. App. LEXIS 19097
IN THE NEWS
Foley & Mansfield secured an appellate victory for our client in a case involving indemnity and negligence at a worksite in Berkeley, California.
Foley & Mansfield partners Gary D. Sharp and Peter M. Mularczyk successfully defended Colgate-Palmolive Company in a four week trial in the Los Angeles Superior Court, Alhambra Division.
December 10, 2018
Foley & Mansfield Names 2019 Partners, Equity Partners
The national defense firm of Foley & Mansfield today announced the election of nine partners to its Equity Partnership, and fifteen attorneys to its Partnership, effective January 1, 2019.