David B. Monks - Klinedinst Attorney Profile

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David B. Monks is the chairperson of the firm’s Employment Law Department. He has extensive experience in all phases of litigation in the areas of employment law, public entity defense, insurance bad faith, business litigation and personal injury. His focus is employment litigation and counseling, in which he helps California employers with a wide variety of issues. David has successfully litigated and resolved disputes involving claims of wrongful termination, harassment, discrimination (including sex, disability, race, age, and sexual orientation), defamation, breach of contract, and unpaid wages. His experience also includes defending employers in wage and hour disputes and class actions.

In his employment practice, David complements his litigation experience with other contributions. He has presented training seminars on employment discrimination and harassment. He has also counseled employers on matters such as employee discipline and termination, misconduct investigations, revision of handbooks, and wage and hour issues. In addition, David writes articles on timely issues, and speaks to various groups on issues that are important to California employers.

Through his representation of school districts, officials and employees in employment, civil rights and general liability matters, David has significant experience in public entity defense. He has worked successfully with school boards and administrators to resolve claims fairly and efficiently. David’s experience with the Brown Act and the Public Records Act has been an important part of his success in public entity defense.

David, who is proficient in Spanish, received his B.A. in 1986 at Rutgers University in New Brunswick, New Jersey. After working in the insurance industry for several years, he earned his law degree at the University of Maryland School of Law in 1992. Before beginning law practice, David served as a judicial law clerk to the Honorable Glenn T. Harrell, Jr., on the Court of Special Appeals of Maryland.

Martindale-Hubbell Rating

Highest rating for legal ability and ethical standards.

Professional and Community Affiliations

State Bar of California
San Diego County Bar Association
San Diego Society for Human Resource Management, President (2007)
National Society for Human Resource Management
California Chamber of Commerce
American Inns of Court, Louis M. Welsh Chapter, Associate Member (2002-2004)
Staff Member and Assistant Editor, Maryland Law Review (1990-1992)

Publications and Interviews

"The Underappreciated Workplace Risk: The Danger of Retaliation Continues to Grow ," San Diego Business Journal (September, 2006)
"Getting Back at Retaliation: A Primer on Retaliation Claims and How to Minimize Them," Employment Practices Liability Consultant (Fall 2003), p. 8-14.
"Class Action Is Not Proper Where Duties of Managers Vary by Location," The Los Angeles Daily Journal (May, 2002)
"Building Blocks of Enforceability: Constructing Valid Predispute Arbitration Agreements," Employment Practices Liability Consultant (Winter 2002) (co-author with Javier Van Oordt)
"Revising Your Employee Handbook in the Ever-Changing World of Labor and Employment Law," San Diego Daily Transcript Law Journal (February 26, 2001) (co-author)

Recognition and Awards

Recognized in the Southern California - San Diego edition of Super Lawyers® for Employment Litigation: Defense (2007 and 2008)

Speaking Engagements

9th Annual Klinedinst Employment Symposium, “Wage & Hour Update / Legislative Update,” “Recent Developments in Disability Law / Leaves of Absence,” “Workplace Privacy,” and "Staying Out of Court: Mistakes to Avoid" (November 15, 2006)
National Business Institute, “Creating Comprehensive Employee
Handbooks” (September 15, 2006)
Klinedinst Seminars, “Mid-Year Harassment Prevention Training Workshop” (June 27, 2006)
8th Annual Klinedinst Employment Symposium, “Discovery in Employment Cases: Strategy & Considerations” and "Disability Law, Medical Leaves of Absence, and Reasonable Accommodations" (December 8, 2005)
Lorman Education Services Seminar, "Employee Handbooks and Personnel Files" and "The Basics of Wage and Hour Law" (March 3, 2005)
7th Annual Klinedinst Employment Law Symposium, “HIPAA: The New World of Privacy for Health Information” (December 9, 2004)
6th Annual Klinedinst Employment Law Symposium, "Employee Leaves of Absence" (March 18, 2004)
Lorman Education Services Seminar, “Introduction to Employment and Labor Law in California” (February, 2004)
California Moving and Storage Association, "California's Paid Family Leave Act" (January, 2004)
Lorman Education Services Seminar, "Introduction to Employment and Labor Law in California" (presented topics of "Pre-Hiring Issues" and "The Basics of Wage and Hour Law") (February, 2003)
5th Annual Klinedinst Employment Law Symposium - Staying Ahead of the Curve: A Day of Interactive Processes, "Dual Employment Issues" (January, 2003)
Lorman Education Services Seminar, "Human Resources Audits" (presented topic of "Constructing Enforceable Arbitration Agreements") (January, 2002)
4th Annual Klinedinst Employment Law Symposium, "The Class Action Wage Claim" and "Constructing Enforceable Arbitration Agreements" (December, 2001)
Public Agency Risk Managers Association Annual Conference 2001, "The Brown Act and Public Records Act: Ignorance is Risk"

Teaching and Instruction

San Diego State University, College of Extended Studies, Recurring Guest Lecturer on Disability Law for "Health and Safety Management" Course
San Diego State University, College of Extended Studies, "Human Resource Management and the Law" (2004)
California State University, San Marcos, Human Resources Certificate Course, "Legal Issues for Human Resources Professionals" (2004)