Jacqueline Cookerly Aguilera’s practice is focused on counseling and advising employers in connection with all aspects of labor and employment issues, including human resources and employee relations, discipline and termination, internal investigations and position statements, wage and hour, and the implementation of sound employment practices and policies. She has a significant amount of litigation experience defending employment-related claims involving harassment and discrimination, the use of trade secrets and restrictive covenants, whistleblowing, wage and hour, defamation, and all types of wrongful termination, and has defended numerous employee claims before federal and state administrative agencies.
Jackie also has a significant amount of transactional experience, including drafting and advising on noncompete agreements and restrictive covenants throughout the United States, executive agreements, proprietary information and nondisclosure agreements, consultant agreements, inventions assignment agreements, employee benefits, employee notices and letters, human resources forms and policies, and severance and settlement agreements.
Jackie counsels her clients on how to prevent employee claims and avoid lawsuits as well as how to resolve employee-related disputes quickly and efficiently. She works on a daily basis with in-house lawyers, senior executives and human resources administrators to ensure they are in compliance with federal and state employment laws, including those relating to wage and hour, family and medical leave, disability and accommodation, drug testing, health and safety, harassment and discrimination, proper classification of employees and independent contractors, protection of intellectual property, and prevention of workplace violence.
Jackie assists clients in connection with all aspects of downsizing their workforce, including implementing and communicating mass layoffs, conducting adverse impact analyses, advising on WARN issues, drafting and advising in connection with severance and exit packages, and implementing cost-cutting alternatives to layoffs. She regularly conducts seminars and trainings for employers on employment-related topics, including best management practices, sexual harassment, interviewing techniques, internal investigations, wage and hour compliance, and all aspects of human resources.
Jackie works closely with the firm’s Corporate Practice Group in connection with all aspects of labor and employment issues arising from mergers and acquisitions, including pre-acquisition employment due diligence, reviewing and drafting employment-related provisions of purchase agreements, assessing employment-related liabilities, advising on termination and hiring issues associated with the transaction, and assisting with post-acquisition employee assimilation.
She represents employers in both state and federal courts; at the trial and appellate court levels; and before administrative agencies such as the California Labor Commission, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers’ Compensation Appeals Board, the Department of Industrial Relations, and the Fair Political Practices Commission. Her clients range from small and mid-size local companies to international corporations.
Jackie frequently speaks and writes about employment law issues. She was recently acknowledged by Paul Falcone, author of 101 Tough Conversations to Have With Employees and 101 Sample Write-Ups for Documenting Employee Performance Problems, for her contributions to his books.
Jackie is also active in the firm’s commitment to pro bono activities. She serves as a team leader in Bingham’s mentoring program and is committed to mentoring women in the practice of law. Jackie was the recipient of the firm’s Outstanding Mentor Award from 2004 through 2007.
