Theodora R. Lee

tlee@littler.com
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Theodora R. Lee has extensive courtroom experience and practices before all state and federal courts in California and all employment-related regulatory agencies. She represents employers in:

  • Class action litigation
  • Wrongful termination and employment discrimination litigation
  • National Labor Relations Board matters
  • Representation cases
  • Unfair labor practice proceedings
  • Grievance arbitrations
  • Title VII proceedings, including race, sex, religious and age harassment and discrimination
  • Unfair competition proceedings
  • State and federal wage and hour litigation

Theodora's recent litigation successes include class actions involving disparate impact; unpaid commissions and expense reimbursement; employee status, overtime, meal and rest periods; and overtime and exempt status under the California Labor Code and Fair Labor Standards Act. She also has served as lead trial counsel or co-counsel in multiple jury trials and obtained defense verdicts in cases alleging race discrimination, racial harassment, sexual harassment and retaliation, as well as a case alleging violation of the Unruh Civil Rights Act and intentional infliction of emotional distress.

Additionally, she defends various corporations in cases in state or federal courts alleging Fair Employment and Housing Act violations, wage and hour class actions, and whistleblower and wrongful termination claims, and has obtained dismissals via summary judgment in countless cases.

A settlement commissioner, AAA certified arbitrator and mediator, Theodora has concluded more than 1,000 matters through use of private arbitration or mediation, including large, complex, multi-party litigation actions, and individuals suing their employers.

Theodora also counsels employers on:

  • The Americans with Disabilities Act
  • The Uniform Trade Secrets Act
  • The California Business and Professions Code
  • The Family and Medical Leave Act
  • Employee terminations
  • Corporate compliance
  • Litigation avoidance
  • Reductions-in-force
  • The development of personnel policies and procedures
  • Workplace violence
  • Pre-employment screening
  • Federal and state wage and hour issues
  • Employment agreements
  • Restrictive covenants
  • Trade secrets and unfair competition
  • Drug and alcohol testing

Theodora has been a contributing writer to numerous employment law publications and presents seminars on a wide variety of employment issues and regularly conducts in-house employment law training programs. She is an elected member of the American Board of Trial Advocates (ABOTA).

Prior to entering the practice of law, Theodora worked as a Senate intern in Washington, D.C., for Senator Sam Nunn.

Credentials & Recognition

Speaking Engagements

Wealth Management

  • October 28, 2023
  • Elevating Black Excellence West Summit Panel

The Art of the Pitch

  • October 26, 2023
  • National Bar Association, 2023 L&E Section Annual Conference

The Proliferation of Anti-Directives - What Does the Future Hold?

  • October 12, 2023
  • NELC Regional Panel-Silicon Valley, CA

Employment Law Update

  • May 11, 2023
  • Littler Executive Employer Conference, Phoenix, AZ

Employment Law Update

  • May 11, 2023
  • Littler Executive Employer Conference, Phoenix, AZ

NELC Legal Update: Notable United States Supreme Court Decisions Affecting Employers

  • May 2, 2023
  • NELC

Employment Law Developments

  • November 14, 2022
  • Western Bankers Association Annual Bank Counsel Seminar, Las Vegas, NV

Focusing on the “E” in IE&D: Addressing Some of 2022’s Inclusion Tensions

  • November 2, 2022
  • 2022 California Virtual Regional Employer Conference

The New Business Models: More Remote Work Brings More Significant Physical and Cybersecurity Issues

  • October 28, 2022
  • National Bar Association 2022 Labor and Employment Section Annual Conference

Employer's Pandemic Dilemma - Looking Forward

  • October 21, 2022
  • Elevating Black Excellence West Summit Panel

2022 Employment Law Update

  • May 5, 2022
  • Littler Executive Employer Conference

Employers' Pandemic Dilemma - Looking Forward

  • October 21, 2021
  • Elevating Black Excellence West Summit, Black In House Counsel Network

Trying Race Discrimination Cases

  • August 5, 2021
  • Racial Equity Series, sponsored by the ACBA Labor and Employment Section, ACBA, CHBA, and CABL

Gender Discrimination in the 2020s Workplace

  • June 14, 2021
  • Employment Discrimination Law & Litigation 2021, PLI Webinar

How to Succeed at Corporate Connections

  • September 22, 2020
  • CMCP 2020 Virtual Conference

Misclassification of Workers as Independent Contractors Rather Than Employees: The ABC Test and Its Exceptions

  • July 8, 2020
  • CLE Webinar

Protecting Our Future: Are You Ready?

  • March 20, 2020
  • National Bar Association, Atlanta, GA

Power of Networking: Benefits of the Positive Approach

  • March 1, 2020
  • 2020 Bay Area Women Lawyers Retreat

The Trump National Labor Relations Board’s Impact on Labor Arbitration

  • January 26, 2020
  • American Bar Association, Playa del Carmen, Mexico

High-Level Mediation Strategies

  • April 25, 2019
  • NELC Academy, San Diego, CA

Considerations in Handling Workplace Discrimination and Harassment Complaints: A Step-by-Step Approach

  • March 8, 2019
  • NBA Mid-Year Conference, Dallas, TX

Predictable Scheduling, Access To Hours, and Fair Workweek Legislation

  • April 19, 2018
  • NELC 2018 Conference, New Orleans, LA

Defending and Preparing Witnesses for Depositions

  • April 19, 2018
  • NELC Academy Planning Committee, New Orleans, LA

Diversity and Inclusion: From Rhetoric to Reality

  • March 9, 2018
  • LSBA 11th Annual Conclave on Diversity in the Legal Profession, New Orleans, LA

Enough is (NOT) Enough: Yes, We Can Close the Pay Gap!

  • March 8, 2018
  • 13th Annual Black Enterprise Women of Power Summit, Orlando, FL

Moderator, General Counsel Panel

  • March 2, 2018
  • NELC San Francisco Regional Conference, San Francisco, CA

Spotting and Addressing Discrimination and Bias in the Tech Sector

  • January 25, 2018
  • PLI Tech Sector Employment Law Hot Topics for the California Lawyer, Menlo Park, CA

Silicon Valley: Driving Growth And Opportunity for the Black Lawyer

  • January 19, 2018
  • National Bar Assocation, Menlo Park, CA

Equal Pay Laws and Pay Equity Audits

  • October 27, 2017
  • National Bar Association Labor & Employment Section Annual Conference, Atlanta, GA

Lessons Learned from Trials: Strategies for Avoiding, Assessing, and Handling Employment Claims

  • June 26, 2017
  • NACUA Annual Conference, Chicago, IL

2017 Employment Law Update

  • May 11, 2017
  • The 2017 Executive Employer® Conference, Phoenix, AZ

Working With and Managing the Whistleblower

  • April 27, 2017
  • National Employment Law Council Annual Conference, Denver, CO

The Big Switch

  • October 6, 2016
  • Watermark Entrepreneur Conference 2016, Mountain View, CA

Leave Law Summit

  • October 4, 2016
  • Contra Costa County Bar Association, Concord, CA

Getting to Yes: Advanced Tips on Effective Settling/Mediating Your Cases

  • September 29, 2016
  • 2016 State Bar Annual Conference, San Diego, CA

Getting Yes: Advanced Tips on Effective Settling/Mediating Your Labor and Employment Cases

  • September 29, 2016
  • 89th Annual Meeting of the State Bar of California, San Diego, CA

Independent Contractor or Employee: Misclassification Can Be Costly

  • August 18, 2016
  • Webinar, Continuing Education of the Bar, California Program

2016 Employment Law Update

  • May 5, 2016
  • The 2016 Executive Employer® Conference, Scottsdale, AZ

E-Discovery in Litigation: How are PDAs, FitBits and Big Data Affecting Litigation?

  • April 20, 2016
  • National Employment Law Counsel, Orlando, FL

The ABC’s of LGBT

  • October 6, 2015
  • Minority Corporate Counsel Association, San Diego, CA

The Blueprint Program

  • October 5, 2015
  • Minority Corporate Counsel Association, San Diego, CA

Employment Litigation Evidentiary Problems

  • April 22, 2015
  • National Employment Law Council, Chicago, IL

Additional Thought Leadership

Reverse Discrimination

  • September 27, 2022
  • Black In-House Counsel 2022 Annual Report

Four Steps to Maximizing the Effectiveness of Your Mediation

  • December 26, 2014
  • Legal by the Bay, News from the Bar Association of San Francisco and the Justice and Diversity Center

Let us know how we can help you navigate your particular workplace legal issues.