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Phil Horowitz
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Phil Horowitz
Law Offices of Phil Horowitz
One Market Plaza, Steuart Street Tower
Suite 2630
San Francisco, CA 94105
Phone: (415) 391-0111 | Fax: (415) 391-0123
http://www.lawyers.com/philhorowitz
Representing Employees for 22 Years
Legal Topic
Employment & Labor Relations
Preferred New Clients
I represent employees in a wide variety of situations, except that I do not represent government employees. Many of the employees I have represented were wrongfully terminated for reasons ranging from discrimination, to whistleblowing, to favoritism.
Sub-Categories
Employment & Labor Relations
- Mediation/Alternative Dispute Resolution (ADR)
- Age Discrimination
- Americans With Disabilities Act (ADA)
- Compensation, Benefits, & Pensions
- Disability Discrimination
- Discipline/Suspension
- Emotional Distress
- Employee Polygraph Protection Act (EPPA)
- Employee Rights
- Employment Contracts
- Equal Pay Act (EPA)
- Fair Credit Reporting Act (FCRA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Occupational Safety & Health Act (OSHA)
- Older Workers Benefit Protection Act (OWBPA)
- Pregnancy Discrimination Act (PDA)
- Race Discrimination
- Racial Harassment
- Sarbanes-Oxley Act of 2002
- Section 1981 of the Civil Rights Act of 1866
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Uniformed Services Employment & Reemployment Rights Act
- Wage & Hour Laws
- Whistleblower
- Worker Adjustment & Retraining Notification (WARN) Act
- Wrongful Termination
Bar Admissions
CA, Dec 1983
Bar Number: 111624
Specialty Certifications
N/A
Other Court Admissions
State Bar of California, December 12, 1983
United States District Court, December 12, 1983
Ninth Circuit Court of Appeals
Association Memberships
State Bar of California, 1983 to present
Secretary, State Bar Labor and Employment Section, 2005 to present
Executive Committee, 2002 to 2005
California Employment Lawyers Association Chair, 2003 to 2005
Executive Board, 1998 to present
Executive Committee, 2005 to present
National Employment Lawyers Association
Continuing Education
My continuing legal education is both as a teacher and as a student.
Since 1994, I have taught trial advocacy at both Stanford University Law School and the University of San Francisco Law School.
I also frequently teach other lawyers about employment law by speaking at conferences and seminars. Here are some examples:
State Bar of California, Labor & Employment Section, "Harassment Training: Dramatization and Discussion" (2005)
California Employment Lawyers Association, "Employment Law 101: Law Office Management" (2005)
State Bar of California, Labor & Employment Law Section, "The Avoidable Consequences Doctrine After McGinnis" (2005)
Bar Association of San Francisco, "New Face of Sexual Harassment" (2004)
Association of Defense Counsel of Northern California and Nevada, "Regarding McGinnis and Beyond" (2004)
Lorman, "Discovery Skills for Legal Staff in California" (2004)
Bar Association of San Francisco, Labor and Employment Law Section, "The New Employment Form Interrogatories and Jury Instructions" (2002)
California Employment Lawyers Association, "Discovery of Electronic Data and Other Prickly Discovery Issues" (2001)
California Employment Lawyers Association, "Ethical and Strategic Use of Internet and Other Electronic Technology in Discovery and Trial." (2000)
California Employment Lawyers Association, "Interaction Between FMLA, ADA, and Workers Compensation Claims" (1999)
American Board of Vocational Experts, "Use of Vocational Experts in Wrongful Termination Cases" (1999)
California Rehabilitation Association - North, East Bay, San Francisco District, "Expert Witness Testimony: The Nuts and Bolts for Rehab Counselors" (1999)
California Employment Lawyers Association, "Developing and Managing the Plaintiff's Employment Practice" (1998)
State Bar of California, Labor and Employment Law Section, "Multiple Forums for the Injured/Disabled Worker" (1993)
California Employment Lawyers Association, "Practice Tips: Torts With Potential" (1993)
California Trial Lawyers Association, "Requests for Admission" (1992)
Bay Area Legal Recruitment Association, "Sexual Harassment in Law Firms" (1992)
California Federation of Teachers, Council of Classified Employees, "Public Employees and Wrongful Discharge" (1987)
As a student, I am enrolled part time in an LL.M. (masters of law) program in Alternative Dispute Resolution (mediation) at the Straus Institute of Dispute Resolution, Pepperdine University.
Papers and Publications
Bender's California Labor & Employment Bulletin, "Causes of Action Employee Lawyers Forget" (2005)
Bender's California Labor & Employment Bulletin, "The History of Sexual Harassment Lawsuits: The Top Ten Mistakes Defendants Make" (2004)
"Why Do So Many Disability Cases Fail"," Supplement to The Recorder, April/May 1999
"The California Supreme Court's New Wrongful Discharge Decisions—The Tide Turns," CTLA Forum, March 1991
Editorial Board, Bender's California Labor & Employment Bulletin (monthly periodical, 2004 to present)
Editorial Board, Representing California Sexual Harassment Plaintiffs, James Publishing (book published 2004)
Editorial Board, Guerilla Discovery, James Publishing (book published 2003)
Example Cases
I argued the landmark California Supreme Court case of Reno v. Baird.
Over the last 22 years, I have represented hundreds of employees in their cases against their employers. To me, every single one of those cases is significant. Many of the employees I have represented were wrongfully terminated for reasons ranging from discrimination, to whistleblowing, to favoritism. Other employees I have represented were sexually harassed or were harassed because of their race, religion, age, or physical disability. I also often represent employees whose companies refused to pay them overtime, stock, or commissions they were owed. The employees I represent range from minimum wage employees who speak only Spanish (I am fluent) to top executives whose employers owe them literally millions of dollars. I represent both individuals and groups of employees who were similarly mistreated.
Education
Degree:
J.D.
School:
Boalt Hall (U.C. Berkeley School of Law)
City:
Berkeley
State:
CA
Year:
1983
Focus and Accomplishments:
Articles Development Editor, Industrial Relations Law Journal, 1981 to 1982.
During law school, I focused on learning what I needed to know to represent employees who were wronged by their employers. My first year of law school, I volunteered to represent employees in unemployment insurance hearings. My second year of law school, I founded the Workers Rights Clinic, which is still helping employees more than 20 years later. I worked during law school to help support myself. My jobs then included writing for the publication California Public Employee Relations and working as a law clerk for lawyers who represented employees.
Degree:
B.A.
School:
Occidental College
City:
Los Angeles
State:
CA
Year:
1979
Focus and Accomplishments:
I had already decided before I began college that I wanted to become a lawyer representing employees. I was inspired by my work during high school as a picket captain for the United Farm Workers. Since I knew I would later be spending three years in law school, my focus in college was to get a broad liberal arts education. I spent my third year abroad in Spain to finish becoming fluent in Spanish.
Number of Attorneys
1
State Licensed In
California
Firm Focus and History
I have litigated and tried wrongful termination and other employment cases since 1983, including 17 years with the law firm Lawless, Horowitz & Lawless and its predecessors. I now have my own law firm in which I continue to represent employees. I also serve as a mediator, helping wrongful termination lawyers and their clients settle their disputes. I have also appeared before the appellate courts, including in the landmark California Supreme Court case of Reno v. Baird.
I served from 2003 to 2005 as Chair of the California Employment Lawyers Association, the statewide association of lawyers who represent employees. I am now Secretary of the Executive Committee of the Labor and Employment Law Section of the State Bar of California. I also volunteer teach trial advocacy at Stanford University and University of San Francisco Law Schools.
I chaired the advisory committee to the California Judicial Council which drafted form employment interrogatories adopted effective July 2002. I also chair the Judicial Council advisory committee on employment jury instructions. Those new jury instructions were adopted effective July 1, 2003.
Previous Employment Summary
I spent my first 17 years as a lawyer working with the law firm Lawless, Horowitz and Lawless and its predecessors. And yes, "Lawless" is the real, last name of my two former law partners, who are sisters and fine lawyers. I left that law firm, took a sabbatical, and then started my own law firm.
Activities and Awards
I consider myself very fortunate to do work which I genuinely enjoy. My work is truly a labor of love. I do not take a case unless I wholeheartedly believe in the person I will be representing and in his or her case. I have never taken a case on which I believed I was on the wrong side, and I never will. In addition to representing clients, I do quite a bit of volunteer work teaching other lawyers and leading lawyers associations.
What is your opinion regarding clients educating themselves on legal issues?
It is very important to me that the people I represent understand the legal issues in their case and what is happening in their case. I consider myself to be trilingual: English, Spanish, and "legalese." One of my jobs as a lawyer is to translate for my clients between English (or Spanish) and legalese.
I pride myself on being able to explain legal issues and procedures in plain English (and plain Spanish). I am also happy to refer clients who are interested in reading more on their own to law books and published appellate cases that explain the legal issues in their case.
Are you willing to review documents prepared by clients?
I am happy to review documents prepared by clients.
Are you willing to coach clients who want to represent themselves?
Unfortunately, the law and the procedures involved in employment cases are too complex for people who are not lawyers to be able to successfully represent themselves except in small disputes. In small disputes, such as unemployment insurance claims and small claims for unpaid wages, I do often coach clients so they can represent themselves.
Why did you decide to be a lawyer?
I decided in high school that I wanted to be a lawyer representing employees. I was inspired by my work as a picket captain for the United Farm Workers. I wanted to do something good to help people, and I also wanted to make a good living. Being a lawyer has allowed me the opportunity to "speak truth to power" and to try to leave this world a little bit better than when I arrived.
What work experience and education helps you be a better lawyer?
I work hard and represent my clients with all of my heart, but I will leave it to others to decide how good a lawyer I am. I have been representing employees for 22 years and like to believe that as much as I have learned, I am still learning.
Why did you decide on your primary area of practice?
Work is one of the most important parts of people's lives. In almost every employment relationship, the balance of power is heavily weighed in favor of the employer. This can lead to terrible abuses.
By representing employees, I can accomplish two things. First, I can win compensation for the employee. Second, by making it expensive (and therefore unprofitable) for the employer to mistreat its employees, I can make it less likely that the employer will mistreat other employees in the future.
What do you like best about your career?
I enjoy working with people and helping them. I also enjoy the intellectual complexities of employment law and of litigation.
Tell us about your law firm:
I have had my own law firm for a number of years, and enjoy it very well. I have offices for two additional lawyers (as well as a large conference room), and have other lawyers work with me on cases when needed. My office is at the foot of Market Street in San Francisco, with sweeping views of the San Francisco Bay, the Ferry Building, Alcatraz, and on a clear day all the way out to the Richmond - San Rafael Bridge.
What are your strengths and style?
I have 22 years of experience representing employees and enjoy teaching other lawyers how to do a good job representing employees. I am a true believer who is very dedicated to my work.
I investigate potential cases thoroughly before deciding whether to accept them. I do not accept a case unless I like the person who I will be representing and believe in my mind and my heart that he or she has been seriously wronged.
It is important to me that the people who I represent understand the legal issues in their case and what is happening in their case. I pride myself on being able to explain complicated legal issues in plain English (and plain Spanish). I try to keep my clients informed about major developments in their case and to anticipate and answer their questions.
I fight hard for the people I represent, with all of my heart. If the employer will not pay what the case is worth, I very much enjoy taking the case to trial.
Personal Interests:
I have a wide range of personal interests. I live in a Victorian house in San Francisco, where I enjoy entertaining friends and throwing parties. I enjoy going to concerts and the theatre and art exhibits. I enjoy traveling abroad, so each year I try to visit a country where I have never been before. Some of the countries to which I have traveled so far include Spain, France, England, Belgium, Ecuador, Peru, Mexico, Canada, Chile, Argentina, Brazil, Australia, New Zealand, Indonesia, China, Japan, Morocco, Kenya, Togo, Ghana, Benin, and Senegal.
Office Manager/Assistant
None
Fax
(415) 391-0123
Office Hours
Monday through Friday
9:00 a.m. - 5:00 p.m.
Answering Service 24/7
Emergency After Hours
Yes
Foreign Languages
Spanish and I will work with translators if necessary
Fixed-Price Services and Fees
My fee is either a percentage of the money I win for the person I represent or an hourly fee.
Hourly Rates
My hourly rate is $375. In most of my cases, however, I represent people for a percentage of the money I win them, which is called a "contingency fee."
Free Initial Consultation?
I do not charge for initial consultations.
Typical Retainer
In hourly cases, the amount of my retainer depends on the scope of the work I have been asked to do.
Nolo's Licensing Check
Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
