Joseph E. Pelochino

Joe Pelochino represents his business clients in employment-related claims and litigation, including claims for wrongful termination, harassment and retaliation, as well as class and representative wage and hour claims. Mr. Pelochino also has an emphasis in representing companies and individuals in trade secret and employee mobility matters, including non-compete and non-solicitation issues. Mr. Pelochino represents clients in state and federal court, as well as matters before administrative agencies, such as the California Labor Commission, the California Department of Fair Employment and Housing, and the Equal Employment Opportunity Commission. Mr. Pelochino also regularly provides advice and counseling to his clients in navigating the complexities of federal, state, and local employment and labor laws.

In the business and commercial field, Mr. Pelochino represents companies and their directors and officers in business and commercial disputes of all kinds, including breach of contract, fraud, and breach of fiduciary duty claims; derivative shareholder actions; and partnership disputes.

• After three-week jury trial, obtained defense verdict on claims of disability discrimination against national health care provider

• Secured summary judgment and attorney’s fees on behalf of national health care provider in lawsuit alleging disability discrimination and failure to accommodate, affirmed on appeal by the Second District.

• Secured summary judgment on behalf of multinational semiconductor chip manufacturer in lawsuit alleging wrongful termination and race discrimination.
• Secured partial summary judgment of all Fair Employment and Housing Act (FEHA) claims brought in federal lawsuit against international shipping company, based on conduct which occurred primarily in international waters, affirmed on appeal by the Ninth Circuit.
• Secured summary judgment on behalf of national inventory company in declaratory relief action to invalidate new hire’s non-compete agreement with prior employer.
• Secured dismissal of federal class action complaint against national brewing company alleging claims under the Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA).
• Obtained arbitration award for recovery of commissions on behalf of commercial real estate brokerage after 3-day arbitration against seller arising out of sale of property portfolio.
• Representation of regional restaurant franchisee in lawsuit alleging Private Attorneys General Act (PAGA) representative claims for alleged meal and rest period violations, unpaid overtime, and failure to pay final wages.
• Representation of brewing company in lawsuit alleging PAGA representative claims for alleged meal and rest period violations, unpaid overtime, and failure to pay final wages.
• Representation of software engineering company in lawsuit alleging trade secret misappropriation and breach of contract by competitor arising out of contemplated partnership and nondisclosure agreement.
• Representation of owner and founder of restaurant chain in claims by business partner for breach of fiduciary duty, fraud, breach of contract, and shareholder derivative claims.
• Secured temporary restraining order and stipulated judgment on behalf of medical device company against former IT employee based on unlawful access of company database and alteration of company data.

Practice Areas