Sean Bothamley is an associate in Hopkins & Carley’s Employment & Labor Practice group.
He focuses his practice on both proactive and preventive advice and counseling, and efficient defense and resolution of unavoidable single-plaintiff and class/collective/representative employment litigation.
Sean’s practical experience includes:
- Development, auditing, and guidance regarding company policies, practices, and procedures to ensure compliance with state law
- Drafting and advising clients on employment contracts, offer letters, bonus and commission plans, mandatory employment notices, employee handbooks, NDAs, confidentiality agreements, arbitration agreements, and other critical personnel documentation
- Assisting employers and human resources representatives in complex or challenging situations involving employee leaves of absence, discipline, internal investigations, and performance management
- Advising as to litigation risks and best practices for avoiding employment claim litigation
- Defending employers, managers, and executives in court, arbitration, and before agency hearings against claims of wrongful termination, discrimination, harassment, retaliation, failures to accommodate, unfair business practices, trade secret misappropriation, and various wage & hour claims including unpaid wages, exemption and contractor misclassification, and penalties
- Representation in and defending against audits and investigations from the U.S. Department of Labor, California Department of Industrial Relations, California Department of Labor Standards Enforcement, and California Department of Fair Employment and Housing / Civil Rights Department
- Counseling and assisting clients through negotiations, mediation, and settlement strategy and discussions
Before joining Hopkins & Carley, Sean was an associate attorney for a boutique employment law firm representing plaintiffs and defendants in employment-related disputes and litigation.
- Successfully defended a wage and hour claim brought by former non-profit volunteer alleging to have been an employee and seeking over $150,000 in back wages and penalties, obtaining a ruling that the volunteer was not an “employee”, and preemptively quelling similar claims that were being discussed by this volunteer’s associates
- Won an early dismissal of all substantive claims asserted against a large Silicon Valley IT staffing company by a former manager seeking significant compensation and penalties for allegedly unpaid vacation and health benefits following his termination for cause.
- Won summary judgment for a chiropractic corporation and its owner in a state court action involving claims of sexual harassment, retaliation, and discrimination brought by a former employee arising from alleged conduct of a manager and customer.
- Santa Clara County Bar Association
State Bar of California (2014)
- All Courts of the State of California
- U.S. District Court for the Northern District of California
- J.D., (summa cum laude) Santa Clara University School of Law
- B.A., (cum laude) Business Administration: Entrepreneurship and Business Law, Loyola Marymount University