John P. “Jack” Schaedel

In his more than 20 years assisting clients in labor and employment matters, including wage and hour litigation, Schaedel has entered a new role as co-chair of Scali Rasmussen’s labor and employment team for what was historically a boutique automotive firm.

In the last six months, he’s had to learn the ins and outs of an entire industry, all while maintaining a full litigation schedule and continuing to publish guides and speak at events.

“It’s been a great experience, learning almost a new area of law while continuing to stay on top of developments in employment law,” he said.

Currently, he said the firm is looking at ways to advise employers proactively of the dangers presented by new and expanding legislation, such as Private Attorneys General Act and pay equity laws, as well as equip them for full compliance and avoidance of liability. Given the balancing act of his workload, Schaedel is excited about a recent case victory.

“It’s very difficult to convince a judge to order former employees who have stolen from their employer and used the information to take business away from it, but we persuaded a judge in December 2017 to do just that,” he said. “Our clients’ business was saved and its reputation restored.”

Schaedel represented a company called Construction Pro’s Insurance Services, which has a trade name of OIG Inc., and two different employees who worked for the company, one higher up in leadership than the other, who left at different times.

According to Schaedel, the two took as much information as they could and started competing agency, Pacific Pro’s Insurance Agency.

Next, the two individuals started a campaign telling Construction Pro’s clients that the principal was “very sick” and “was having to retire for health reasons,” as well as propagated false claims with the California Department of Insurance. OIG, Inc. v. Pacific Pro’s Insurance Agency, 30-2017-00941575-CU-BT-CJC (Orange Super. Ct., filed Sept. 1, 2017).

“What happened here, these individuals stole documents, deleted or scrambled other documents, sort of sabotaging them, making it harder for my client to compete,” he said.

Following the December permanent injunction, Schaedel said the Pacific Pro’s representatives had to correct the record and return stolen documents.

“Don’t look at someone on the other side of a lawsuit as the enemy, and don’t assume that anyone suing your client must be wrong,” Schaedel added. “There is some merit in almost every claim, at least if viewed from the plaintiff’s subjective point of view.”

As lawyers, Schaedel said his objective has to be based on what is best for the client.

“Rarely does this involve a humiliating climb-down for a plaintiff, but it often includes sharing the defense’s perspective, professionally, but confidently and firmly,” he said, “and convincing the plaintiff that even if his point of view is credited, the damages may not be what he thought or hoped they would be.”

— Matt Sanderson