John T. Kennedy

John Kennedy specializes in complex business litigation with an emphasis in employment law.  He also specializes in administrative law representing individuals and entities before quasi-judicial administrative tribunals, e.g., the State Personnel Board, and the Office of Administrative Hearings.  John represents public and private entities in state and federal courts, administrative tribunals, and through alternative dispute resolution mechanisms such as binding arbitration and mediation.

In addition to his litigation experience, John counsels and advises both public and private employers regarding a broad array of matters including public disclosure of information, the Brown Act, and employment matters.  Among others, he provides these services to the California Office of the Legislative Counsel, the California Assembly Rules Committee, and the Sacramento County Employees' Retirement System.  Employment advice and consultation is given in areas including personnel policies and procedures, discipline and termination, the Americans with Disabilities Act and California's counterpart, wage and hour issues, leave issues, privacy issues, trade secret protection, discrimination, harassment and retaliation, and workplace violence issues.

John also provides sexual harassment prevention and other training seminars to employers, their supervisors, and staff.  He is AV Preeminent^® Peer Review Rated by Martindale-Hubbell.

Experience

Koszka v. California State Assembly. Defended employer in five-week trial involving discrimination, retaliation and failure to accommodate claims. Nine-person jury returned a unanimous verdict for the public entity employer and the court awarded costs against the plaintiff.

Disability Retirement Matters. Represented Sacramento County Employee's Retirement System on several administrative hearings before the Office of Administrative Hearings in which retirees seek enhanced disability retirement and/or service-connected disability retirement benefits.

Finnigan v. California State Assembly. Represented public entity in alleged individual discrimination, harassment and retaliation action.

Moore v. State of California. Represented defendant employer in discrimination, harassment and retaliation lawsuit by former employee.

Nielsen v. Seneca Healthcare District. Defended hospital in individual action alleging claims of misclassification, breach of contract, denial of equal pay, discrimination, retaliation and wrongful termination.

Lais, et al. v. The Permanente Medical Group, Inc., et al. Represented defendants sued by shareholder for, among other things, breach of contract, age discrimination, denial of due process and wrongful termination.

Rewards Network, Inc. v. Borge, et al. Defense of new employer in lawsuit brought by former employer alleging former employee violated the Computer Fraud and Abuse Act, misappropriated trade secrets, breached his contract, and unlawfully interfered with his former employer's business relations.

Employment Matter. Represented Fire Protection District investigating employee misuse of computer and successfully defended District's termination of employee for viewing salacious images on District computers.

Crandall v. Esten, et al. Defeated plaintiff's defamation, violations of the Public Safety Officers' Procedural Bill of Rights, invasion of privacy and deprivation of due process claims against state employer and individual defendants by summary judgment.

Publications

Speaking Engagements

Community & Professional

California Bar Association, Litigation and Labor and Employment Law Sections

Sacramento County Bar Association, Environmental, Employment and Administrative Law Sections

Former Board member, A Touch of Understanding, a non-profit with the mission of encouraging acceptance and respect for individuals with disabilities.

National Association of Public Pension Attorneys

Honors & Recognitions

Selected to the Northern California Super Lawyers list, 2004, 2006 and 2014-2016

AV Preeminent^® Peer Review Rated by Martindale-Hubbell