Brian T. McMillan

Brian T. McMillan focuses his practice on wrongful termination and employment discrimination litigation in state and federal courts. He also defends and represents employers in:

• Wage and hour claims
• Unemployment hearings and appeals
• Arbitrations
• Labor negotiations
• Workplace violence issues
• Claims under state and federal discrimination laws

Among his notable successes, Brian was lead counsel in the precedent setting case that determined temporary psychological impairments do not constitute disabilities under the Americans with Disabilities Act - (Sanders v. Arneson Products Inc., 91 F.3d 1351 (9th Cir. 1996)).

Additionally, Brian frequently counsels employers on day-to-day employment law issues such as:

• Employment contracts
• Covenants not to compete
• Unfair business practices
• Personnel policies
• Hiring and termination procedures
• Risk management protocols
• Mandatory arbitration

He also conducts in-house training sessions and risk management audits to help clients avoid employment-related liability.

Co-creator of Littler Mendelson's Risk Management Program, a comprehensive program to review and assess an employer's employment policies and practices, Brian is widely-considered a leading authority on employment practices liability insurance issues and has authored several articles on this topic. He has also published articles on topical employment law issues and has made numerous presentations on specialized areas of labor and employment law, such as:

• Wrongful termination
• Wage and hour issues
• Avoiding liability associated with layoffs and downsizing
• Discrimination
• Violence in the workplace