John E. Fitzsimmons

John E. Fitzsimmons

Of Counsel
About

John Fitzsimmons represents employers in all aspects of employment law.

John concentrates in defense of employers in wrongful termination, employment discrimination, harassment, retaliation and other employment-related litigation in state and federal courts, as well as before local, state and federal agencies. John counsels and defends employers in California and federal wage and hour litigation, including class actions. John also advises employers and litigates employment-related claims involving intellectual property, including prosecution and defense of claims involving trade secrets and proprietary information, restrictive covenants, noncompete agreements and employee mobility issues.

John also counsels employers regarding labor-management relations, including union avoidance, union organizing, corporate campaigns and collective bargaining and represents employers in labor arbitrations and proceedings before the National Labor Relations Board.

John also conducts extensive counseling and training of employers regarding employment issues arising in both their day-to-day operations and their significant business milestones.

Areas of FocusEmployment
Bar admissionsCalifornia

EXPERIENCE

Recent Matters
  • Defended publicly trade medical device company and newly hired employees in trade secret misappropriation and unfair competition lawsuits filed by competitor and former employer of new employees
  • Conducted high level internal investigation of publicly traded company involving allegations of travel/entertainment policy abuse and hostile work environment in executive office
  • Defended a large defense contractor, auto parts distribution company, trucking company, medical software developer and television production company in recent wage and hour class actions
  • Obtained dismissal of race/national origin lawsuit against national insurance company at the early pleading stage, including confirmation of dismissal by the California Fourth District Court of Appeal
  • Represented nationwide financial services company in a race discrimination and retaliation lawsuit by a former employee in federal district court
  • Represented software developer in a disability discrimination and retaliation lawsuit by a former employee
  • Represented clinical trial company in a wrongful termination lawsuit by a former employee
  • Obtained voluntary dismissal of a former employee's race discrimination/wrongful termination lawsuit against a large telecommunications company; dismissal immediately followed plaintiff's deposition
  • Obtained summary adjudication on majority of claims brought in a four-plaintiff race discrimination action against a large telecommunications company; negotiated nominal settlement of remaining claims
  • Obtained summary judgment of a plaintiff's same-sex harassment, retaliation and wrongful termination claims against a nationwide mortgage company
  • Represented a regional paint retailer/manufacturer in a race discrimination lawsuit brought by a former employee
  • Represented employer in trade secret misappropriation and unfair competition claims in lawsuit against former employees and newly established competitor of homebuilding interior design business
  • Represented employer in trade secret misappropriation and unfair competition claims in lawsuit against former employee and former client of software developer
  • Defense of declaratory relief and unfair business practice claims against defense contractor, combined with successful prosecution of cross-claims for trade secret misappropriation and unfair competition claims against former employee and competitor
  • Obtained dismissal of misappropriation of trade secret and unfair competition claims by a former employer of a newly formed company's principal
  • Successfully opposed application for a temporary restraining order sought against a new sales employee of a regional paint retailer/manufacturer that was brought by the new employee's former employer. The former employer voluntary dismissed the lawsuit immediately thereafter
  • Successfully opposed application for a temporary restraining order sought against a new employee of a sports representation agency that was brought by the new employee's former employer
  • Conducted collective bargaining for a construction industry employer with Teamsters Union
  • Obtained temporary restraining order against local union on behalf of large technology company for unlawful picket activity and for unfair labor practice charges against union for unlawful secondary boycott
  • Representing a national home building company in union sponsored corporate campaign against the residential home building industry
  • Represented a construction industry contractor in over 100 coordinated claims for overtime and unpaid wages by former employees sponsored by the Carpenters Union before the California Labor Commissioner
  • Negotiated a collective bargaining agreement between the United Food & Commercial Workers Union and a large parking contractor with multi-state operations
  • Advised a construction industry employer through union organizing efforts, collective bargaining negotiations, a strike, unfair labor practice charges and a decertification election, ultimately resulting in union abandonment of the bargaining unit
Education
  • J.D., University of San Diego 1995
    Order of the Coif
    Member and Assistant Editor, San Diego Law Review
    cum laude
  • B.A., Government and International Relations, University of Notre Dame 1987

Civic and Charitable

  • Director, International Relations Research Association, San Diego Chapter
  • Vice President, La Jolla Youth Soccer League
MILITARY EXPERIENCE
  • Lieutenant, United States Navy, 1987-1994

Connect

Phone

+1 619 699 2972
(Work, San Diego (Downtown))