Employment attorney Erika A. Silverman represents employers in defending against wrongful termination, discrimination, retaliation, harassment, and wage and hour claims, and she advises them on how to proactively avoid litigation.

Her clients include companies of all sizes active in several industries, such as health care, telecommunications, and hospitality. A fierce advocate for employers, Erika achieves favorable outcomes in arbitration and jury trials, often disposing of cases through motion practice or early settlement before matters reach arbitration hearings or jury trials.

Erika’s experience extends from arbitration to federal and state trial and appellate courts, and individual and class action employment claims.

Representing clients in appellate matters, she has appeared before the California Courts of Appeal and assisted in briefing matters before the Supreme Court of California. Erika also appears before federal and state administrative agencies, including the California Civil Rights Department, Equal Employment Opportunity Commission, and California Labor Commissioner.

As part of her practice, Erika assists and guides employers on how to handle employment issues from their inception to exploring severance agreements. Her clients rely on her to be a phone call away to discuss the constantly changing and burdensome California and federal employment laws. She frequently counsels clients on:

Employee Terminations and Severance Agreements
Employee Complaints
Requests for Accommodation
Handbooks and Policies
Arbitration Agreements
Employment Agreements
Litigation Prevention

Prior to joining Hill Farrer, Erika served as a law clerk for several United States District Court judges in the Central District of California and as an extern for the Hon. Arthur Lawrence Alarcón, former judge of the U.S. Court of Appeals for the Ninth Circuit, where she was intimately involved in the drafting of decisions. Erika is a former marathon runner who brings a similar level of tenacity, endurance, and persistence in advocating for her clients.

Practice Area

Labor & Employment

Education

Loyola Law School – J.D. 2014
University of California, Santa Barbara – B.A. 2010

Representative matters

Successful Defense of Pregnancy Discrimination Claim

Prevailed for a large, national employer in arbitration by terminated employee alleging pregnancy discrimination, failure to accommodate, denial of leave, and wrongful termination and seeking between $2 million and $6 million in damages; received favorable verdict resulting in no damages to terminated employee.

Arbitration Win on Disability Discrimination and Failure to Accommodate Claims

Prevailed for a large, national employer in arbitration by terminated employee alleging disability discrimination, failure to accommodate, denial of leave, and wrongful termination and seeking $500,000 in damages.

Jury Trial Victory on Wage and Hour Issue

Prevailed for a large, national employer in federal jury trial where terminated employee alleged unpaid overtime wages.

Arbitration Win on Sexual Harassment and Discrimination Claim

Represented a large, national employer in arbitration by former employee alleging sexual harassment and gender discrimination and seeking $910,500 in damages; prevailed in arbitration.

Summary Judgment on Age Discrimination and Retaliation Claims in Arbitration

Disposed of frivolous age discrimination and retaliation claims on summary judgment before arbitration hearing for a large, national employer, avoiding the expense of arbitration preparation and arbitration.

Summary Judgment on Gender Discrimination and Retaliation Claims in Arbitration

Obtained summary judgment in favor of large, national employer on former employee’s baseless gender discrimination and retaliation claims before arbitration hearing.

Early Disposition of Age Discrimination and Wage and Hour Claims in Federal Court

Won summary judgment motion in federal court on age discrimination and wage and hour claims for large, national employer, avoiding the expense and risk of a jury trial.

Summary Judgment on Disability Discrimination and Retaliation Claims in State Court

Disposed of baseless disability discrimination and retaliation claims by terminated employee in state court for large, national employer, avoiding an unpredictable jury trial.

Disposed of Race Discrimination and Race Harassment Claims in Federal Court

Won summary judgment motion in federal court for large, national employer in case by former employee alleging race discrimination and race harassment claims.

Routinely Compel Employment Claims to Arbitration

File 10-20 motions per year to compel arbitration in employment disputes filed in state or federal court to obtain a more favorable forum for employer; regularly prevail on such motions.

Junior Partner

Erika A. Silverman

OVERVIEW

Employment attorney Erika A. Silverman represents employers in defending against wrongful termination, discrimination, retaliation, harassment, and wage and hour claims, and she advises them on how to proactively avoid litigation.

© Hill, Farrer & Burrill LLP | All Rights Reserved | California Privacy Notice | Disclaimer