John A. Cone, Jr.

As Of Counsel to the firm, John Cone provides 35 years of labor and employment experience, including litigation, trial work and counseling. Mr. Cone has extensive litigation and counseling experience in employment-related issues, exclusively representing organizations and management in matters concerning wrongful termination, discrimination, sexual harassment, class action and PAGA claims, ADA violations, wage and hour claims, prevailing wage matters and Labor Code 132a and S&W claims.

Mr. Cone’s trial experience includes a substantial number of bench and jury trials in State and Federal court. He has also represented management in administrative actions before the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, the Division of Labor Standards Enforcement and the U.S. Department of Labor.

Representative Matters

• Mr. Cone defended a major motion picture studio and its producers in a high-value employment action, resulting in a nominal settlement following a partial summary judgment motion.
• In an action with a seven-figure pre-trial settlement demand, Mr. Cone obtained a defense judgment for a commercial property management company sued by a former employee on a written employment agreement.
• Mr. Cone obtained a defense jury verdict for a large aircraft manufacturer on a claim of national origin discrimination.
• In a sex discrimination claim Mr. Cone successfully obtained summary judgment on behalf of management for a leading restaurant chain.
• Mr. Cone obtained a defense jury verdict in a wrongful termination action for a major international shipping company.

Practice Areas

• Employment Practices Counseling
• Hostile Work Environment
• Discrimination Claims
• Sexual Harassment
• Class Action and PAGA Claims
• Wrongful Termination
• Wage & Hour

Publications

• Co-author, (Un)Happy New Year?, October 2020
• Co-author, Post COVID-19 Employment Claims: Vacations Under Fire, September 2020
• Co-author, Preparing For Post COVID-19 Employment Claims, July 2020
• Co-author, Are You Listening For (And To) The Whistleblower?, June 2020
• Co-author, Are Your Employees’ Exempt Status at Risk After COVID-19?, May 2020
• Co-author, Employers: You Have More At Risk Than You Probably Realize, May 2020
• Co-author, How To Protect Your Employees As We Return To The “New Normal”, May 2020
• Co-author, Do You Need To WARN Your Employees?, April 2020
• Co-author, Navigating the Minefield of Workplace Investigations, October 2019
• Co-author, A New Challenge for Employers, September 2019
• Co-author, A New Challenge for Employers, September 2019
• Co-author, The Best Defense…Is a Good Arbitration Agreement!, July 2019
• Co-author, Getting Burned By The "Weather Tax", May 2019
• Co-author, Happy New Year ... Please!, January 2019
• Co-author, High-Risk Justice, September 2018
• Co-author, The Pence Paradox, August 2018
• Co-author, Employing the Modern Family, February 2018
• Co-author, Hi, and Let’s Get Down to it...!, December 2017
• Author, Hi, and Let’s Get Down to it...!, December 2017
• Co-author, Law Expands Employment Benefits for the Modern Family, December 2017
• Author, Workplace Sexual Harassment – We Owe It to Everyone to STOP IT NOW!, November 2017

Education

• J.D., 1982, Loyola Law School, Los Angeles
• B.S., 1979, Economics, Magna Cum Laude, California Polytechnic University, Pomona

Admissions

• State Bar of California
• Colorado
• United States Supreme Court, Ninth Circuit Court of Appeals and United States District Courts for the Northern, Central and Southern Districts of California

Honors

• AV-rated by Martindale Hubbell since 1999
• Co-National Champion, Lincoln-Douglas Debate
• National Speech Association Bell-Scroggins Award (exemplifying the highest standards of debate)
• John J. Mason Memorial Award for Special Distinction in Forensics

Professional & Community Activities

• Employment Law and Business Litigation Sections, California and Orange County Bar Associations
• Trustee, Yorba Linda Friends Church, Yorba Linda, CA
• Legal Counsel, Not Today Coalition, a non-profit organization with a mission to end human trafficking in India
• Volunteer, Mary’s Kitchen, a homeless shelter and resource in Orange, CA