Kayla Delgado is a lawyer in Orrick’s San Francisco office where she is a member of the Employment Group.

Kayla has experience litigating a variety of employment claims in both state and federal court, including trade secrets, discrimination, harassment, retaliation, and wrongful termination claims. 

Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.

While in law school, Kayla participated in Berkeley Law’s Death Penalty Clinic, a clinic designed to enable law students to provide high-level, supervised representation to clients facing capital punishment. Through her work in the clinic, Kayla received hands on experience in appellate litigation and investigations.

Kayla's notable engagements include the following.

  • Represented two subsidiaries of Williams-Sonoma, Inc. in successfully obtaining a preliminary injunction against a former executive and his new employer in a trade secrets action.  
  • Represented Oracle America, Inc. in defending against a $6.6 billion breach of contract, fraud, false claims act, and civil RICO claims. The matter resolved very favorably to Oracle.
  • Represented, pro bono, a young mother from Guatemala seeking asylum in the United States.  Asylum was granted.

Posts by: Kayla Delgado

No Similarly Situated Employees, No Claim: Vanderbilt Prevails on Summary Judgment in Professor’s Sex Discrimination Lawsuit

Last week the Sixth Circuit upheld a grant of summary judgment in the employer’s favor on a former employee’s sex discrimination claim, finding plaintiff failed to meet her burden to establish a prima facie case of discrimination.

The Case

Dr. Jean Simpson was a professor at Vanderbilt University School of Medicine. While teaching at the University, Dr. Simpson started her own private consulting practice doing breast-pathology.  Upon learning of Dr. Simpson’s consulting practice, the University instructed her the external employment violated the Conflict of Interest Policy, the Vanderbilt Medical Group (“VMG”) By-Laws and the VMG Participation Agreement and asked her to cease the consulting work.  She refused.  The University later terminated Dr. Simpson because of these violations. READ MORE

First Dibs: New Ordinance Requires San Jose Employers to Offer Additional Hours “In-House” to Qualified Part-Time Employees before Hiring

For anyone who missed it, on Monday, March 14th the “Opportunity to Work Ordinance” (the “Ordinance”) went into effect in San Jose.  The Ordinance, which was approved by voters on November 8, 2016, requires employers to offer additional hours to existing part-time employees before hiring externally, either directly or through a temporary staffing agency. Employers must offer the additional hours to employees who have the skills and experience to perform the work.  Whether or not an existing employee has the requisite skill and experience is a determination left to the employer – modified only by the requirement that the employer act in good faith and with reasonable judgment.  Further, an employer need not offer an existing employee additional hours if doing so would require the employer to compensate the existing employee at time-and-a-half or any other premium rate under the law or a collective bargaining agreement.  READ MORE