https://benhambaker.com/home daily 1.0 2023-04-08 https://benhambaker.com/about daily 0.75 2025-06-13 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1620757678580-5O8ZPZUEWKOEE4T5YB6X/Hillary_Benham-Baker-2.jpg Attorney Profile - Hillary Benham-Baker As a litigator, Hillary is proud to have dedicated her career to representing employees and civil rights litigants. She takes great satisfaction in working collaboratively with clients to fight for solutions to their legal issues that work best for them. As a neutral, Hillary works tirelessly to meet the parties where they are and assist them in finding mutually agreeable resolutions to challenging legal disputes. Hillary is a frequent speaker on employment law topics and has recently spoken on intersectional discrimination, workplace disability accommodations, California and federal leave laws, and pre-litigation strategies. Hillary is an Executive Editor of the ABA-BNA Employment Discrimination Law treatise (7th Ed.). She is also the author of the Alternative Dispute Resolution chapter of Employee Leave Laws: Compliance and Litigation (CEB 2025) and the "Damages for Wrongful Termination and Other Tort Claims" chapter in Employment Damages and Remedies (CEB 2025). Hillary has been named a Northern California Super Lawyer every year since 2022, after a decade of recognition as a “Rising Star” (2011–2021). Hillary is a proud member of the panels of mediators and early neutral evaluators for the U.S. District Court for the Northern District of California. She also volunteers as a Supervising Attorney and guest lecturer with the Legal Aid at Work Workers’ Rights Clinic. In 2008, Hillary served as an Extern to the Honorable Claudia Wilken in the United States District Court for the Northern District of California. As a student at UC Law SF (formerly University of California Hastings College of Law), Hillary was awarded the Tony Patiño Fellowship. She also served as an executive editor for the Hastings Women's Law Journal (now the UC Law SF Journal on Gender and Justice), worked as a research assistant to Professor Joan C. Williams at the Center for WorkLife Law, and was an intern with the American Civil Liberties Union of Northern California, Racial Justice Project. In her spare time, Hillary is a proud Girl Scout leader for her two young daughters, avid guitar student, and maybe even finds a few minutes to read a novel. https://images.squarespace-cdn.com/content/v1/5ce435d6bea1ed00016ba287/1558964652247-5MWXNMFZVOPGE4TY6U2Q/MHeiderich_ReflexionenZwei-05-copy.jpg Attorney Profile https://benhambaker.com/contact daily 0.75 2025-07-01 https://images.squarespace-cdn.com/content/v1/5ce435d6bea1ed00016ba287/1558964652247-5MWXNMFZVOPGE4TY6U2Q/MHeiderich_ReflexionenZwei-05-copy.jpg Contact https://benhambaker.com/practice-areas daily 0.75 2021-08-11 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1620511288346-MRIHQUAQW1GEIEW6MKYW/Hillary_Benham-Baker-22.jpg Practice Areas - Practice Areas Benham-Baker Legal is a full-service employment firm. Our practice is exclusively employee-side. We do not represent employers. Ever. Our unique mix of specialties means that we can not only help you figure out the available legal options, we can also help you with most, if not all, of those options without needing to refer you to other firms. Unlike many law firms, we have personal experience with different paths you can take and can give you an experience-based assessment of the risks and rewards of each. Benham-Baker Legal is committed to helping employees get what they have earned, whether it is their benefits or equal access to opportunities at work. Contact us today for a free and confidential consultation to see if we can help you with your situation. Click on the links below to find out more about our practice areas. EMPLOYMENT DISCRIMINATION AND RETALIATION FOR OPPOSING DISCRIMINATION HARASSMENT EMPLOYEE BENEFITS (ERISA) WHISTLEBLOWER RETALIATION LEAVES OF ABSENCE WORKPLACE DEFAMATION SEVERANCE AGREEMENTS EMPLOYMENT CONTRACTS AND OFFER LETTERS OTHER EMPLOYMENT ISSUES Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/for-clients daily 0.75 2021-07-19 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1620757740542-EVG8SOF62K19R1HJFVN3/Hillary_Benham-Baker-14.jpg For Prospective Clients - Let’s work together. Dear Prospective Client, Welcome to Benham-Baker Legal. My name is Hillary Benham-Baker, and I have built my career representing employees in litigation and negotiation. My clients range from individuals facing discrimination at work to new hires at Fortune 500 companies seeking a contract review. I am proud to say that throughout my career, I have only ever represented employees. As a policy, Benham-Baker Legal does not represent employers. When you contact Benham-Baker Legal, you will first speak with our Client Services Director. Our Client Services Director will pass along the details of your situation to me. I review the details of every intake in determining whether or not to take on a case. Please know that we are not able to take on every case. If we are unable to take on a case, we will do our best to provide meaningful referrals. We maintain a small number of cases because we want to give each case our highest level of client service. I choose cases where I believe we can win. I work tirelessly for my clients. If you are working with Benham-Baker Legal, you will be working directly with me. You will be able to reach me directly, and I will be involved in all aspects of legal strategy for your case. If you would like set up a consultation to talk through any questions about your possible case, please reach out to me personally via my contact form. Warmly, Hillary Benham-Baker https://images.squarespace-cdn.com/content/v1/5ce435d6bea1ed00016ba287/1558964652247-5MWXNMFZVOPGE4TY6U2Q/MHeiderich_ReflexionenZwei-05-copy.jpg For Prospective Clients https://benhambaker.com/disclaimer daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Disclaimer - Disclaimer Hillary Benham-Baker is licensed to practice in the State of California. The information on the Benham-Baker Legal, PC website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or issue. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Benham-Baker Legal, PC does not wish to represent anyone desiring representation based upon viewing this web site in a state where this web site fails to comply with all applicable laws and ethical rules of that state. https://benhambaker.com/other-employment-issues daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Other Employment Issues - Other Employment Issues Employment issues may not easily fit in the traditional categories described in other areas of our site. The team at Benham-Baker Legal have extensive experience working with clients collaboratively to craft strategies for dealing with difficult employment situations, and assisting employees in developing exit strategies when they find themselves faced with untenable work environments. If you would like help navigating your employment relationship, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/employment-contracts-and-offer-letters daily 0.75 2021-06-16 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Employment Contracts and Offer Letters - Employment Contracts and Offer Letters The team at Benham-Baker Legal have extensive experience in reviewing and negotiating offer letters and employment contracts. They approach this work with the strong belief that it is preferable to avoid problems before they start. Therefore, the team at Benham-Baker Legal take a proactive and involved approach to contract review and negotiation. If you would like assistance with your employment contract, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/severance-agreements daily 0.75 2021-06-16 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Severance Agreements - Severance Agreements Getting laid off is a stressful and difficult experience. Often, employees who have been laid off are offered severance packages which include severance agreements. Severance agreements are contracts between the employer and employee that set forth the terms of a termination and usually release the employer from legal liability arising from the employment relationship. Although these agreements are usually presented by HR as a “take-it-or-leave-it” proposition, there is often room for negotiation. At the very least, we counsel clients not to sign such agreements without speaking to an attorney first. These agreements can hide terms that sign away important rights and often contain unreasonable provisions. Sometimes you just want to know that you are getting a fair shake and that you are not signing away a right that you will later regret. Other times, there are more serious issues under the surface of what your employer claims is a “reduction in force.” The Benham-Baker Legal team have assisted numerous employees from a variety of industries in providing advice, counseling, and negotiating with employers over severance agreements. If you need help with separation from your employer, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/workplace-defamation daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Workplace Defamation - Workplace Defamation Lies have consequences. The law protects those who have had damaging lies told about them at work, either in writing or orally and provided that certain legal requirements are met. Other than the emotional consequences, false statements about employees can have devastating professional consequences. At Benham-Baker Legal, we understand how difficult it is to find oneself in this situation and we treat every potential case with compassion and care. We regularly represent clients in defamation matters and aggressively fight to clear our clients’ good names and attain compensation for the emotional distress, harm to reputation, and other damages that they have suffered. Contact us today if you wish to discuss a workplace defamation concern. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/leaves-of-absence daily 0.75 2021-06-16 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Leaves of Absence - Leaves of Absence The team at Benham-Baker Legal know how important it is to be able to take time off to deal with life’s big events. We also know how often employers get it wrong when it comes to leaves of absence. When you experience a major life event, such as the birth or adoption of a child, illness in the family, a military leave of absence (USERRA), or the need to care for an ailing loved one, you hope you can count on your employer to be understanding and flexible. Even with the protections that may be available for you under state and federal law, such as the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), it can be confusing to navigate and understand your rights. Although it is illegal for an employer to deny protected leaves of absence to eligible employees, or to retaliate against an employee for requesting or taking such a leave, we see it happen all too often. The team at Benham-Baker Legal are available to consult with you to help understand your rights under these laws, and any rights under your employer's policies. Likewise, we regularly take on employers who have broken these rules or retaliated against employees for requesting or taking leave. We are committed to helping working families navigate these challenges. If you have questions about your rights or have experienced problems taking a leave of absence, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/whistleblower-retaliation daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Whistleblower Retaliation - Whistleblower Retaliation It is never easy to stand up against injustice or corruption in your workplace. It is even more distressing when you are targeted for retaliation because you did what was right. Unfortunately, whistleblower retaliation happens all too frequently. The Benham-Baker Legal team has represented clients in whistleblower retaliation cases for years and are happy to discuss your situation with you in a free consultation. There are many different state and federal laws that may protect you as a whistleblower and each of them has different requirements (and even offer different definitions of the term “whistleblower”). These laws also have different statutes of limitation and other procedural requirements. We also advise employees before they “blow the whistle” on the best way to make the report, best practices for protecting themselves as whistleblowers, and what to expect afterwards. If you feel you have a whistleblower claim, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/employee-benefits-erisa daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Employee Benefits (ERISA) - Employee Benefits (ERISA) Employee benefits are as important as wages. You work hard for them, and you deserve what you have earned. The firm represents individuals who have been denied or need help with their employee benefits, including short-term and long-term disability insurance and severance matters. We understand how vital these benefits are for people who are disabled and unable to work. Unfortunately, insurance companies often seem to look only at their bottom line when making decisions about benefits. We can advise you about your options, as well as the often-tricky requirements of ERISA, the federal law that governs most employee benefit plans. Benham-Baker Legal attorneys have recovered benefits for employees from Fortune 500 companies and major insurers such as CIGNA, The Hartford, Principal, Aetna, and Liberty Mutual. If you have need help getting your benefits, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/harassment daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Harassment - Harassment Workplace harassment takes on many forms. It may be verbal, physical, or expressed in other ways. Harassers are bullies and harassment has no place in society, let alone the workplace. Benham-Baker Legal attorneys have a client-centered approach and are sensitive and compassionate in our representation of harassment victim clients. At the same time, Benham-Baker Legal attorneys are not afraid to challenge employers that do not protect employees from harassment. Harassment based on your sex, gender identity, race, national origin, pregnancy status, sexual orientation, disability, religion, medical leave, or other protected characteristic is illegal. If you have suffered workplace harassment, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome. https://benhambaker.com/employment-discrimination-and-retaliation-for-opposing-discrimination daily 0.75 2021-06-15 https://images.squarespace-cdn.com/content/v1/6096f620dcfe44022de042c3/1623799842989-A1LKT6VE993RMIU98JHM/Hillary_Benham-Baker-23.jpg Employment Discrimination and Retaliation for Opposing Discrimination - Employment Discrimination and Retaliation for Opposing Discrimination Equal employment opportunity is not just an aspiration, it is a civil right. The firm represents women, people of color, people with disabilities, parents, and other individuals in protected groups who have experienced discrimination in the workplace. Such discrimination may occur in termination, demotion, denied promotion, or the denial of other workplace benefits. Likewise, we represent employees who have been retaliated against for complaining about discrimination—an all too common occurrence—and those who have been retaliated against for standing up for coworkers who were victims of discrimination or harassment. Benham-Baker Legal attorneys have successfully resolved discrimination and retaliation cases against a wide variety of employers, including Fortune 500 companies, local employers, and public entities. If you believe you have been discriminated or retaliated against, contact us today. Please note that any discussion of prior results does not guarantee a similar outcome.