Gail A. Glick, Esq.

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• Mediated a disability discrimination and failure to accommodate case in the healthcare industry and assisted with the interactive process to accomplish a reasonable accommodation for an employee to return to work following an extended leave of absence.

Constructive Discharge

• Mediated a case involving a warehouse employee's alleged constructive termination for an employer's alleged failure to follow COVID-19 safety protocols, along with retaliation under sections 1102.5 and 6310 of the Labor Code.
• Mediated a case involving a warehouse supervisor for a beverage company who alleged racial harassment, disability discrimination, retaliation, and constructive termination.
• Mediated a case involving a management employee at a manufacturing plant who alleged race harassment and discrimination, military/veteran status discrimination, disability discrimination, and retaliatory wrongful termination under the FEHA and section 1102.5 of the Labor Code.

Disability

• Mediated a case involving an advertising/marketing agency employee who alleged disability discrimination, including failure to engage in the interactive process and wrongful termination.
• Mediated a case involving a retail employee who alleged age and disability discrimination in the way that she was treated upon furlough and returns of employees to work following COVID-19 shutdowns during the pandemic.
• Mediated a case where a sales executive alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate and engage in an interactive process, and wage and hour violations against a closely held corporation.
• Mediated a case involving a long-term employee in the aeronautics industry alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, violation of FMLA/CFRA, and wrongful termination against his former employer.
• Mediated a case involving a delivery driver in the oil and gas industry alleged disability discrimination, failure to accommodate, and retaliation, along with violations of Labor Code section 132a and wage and hour provisions.
• Mediated a case involving a warehouse retail worker who alleged disability discrimination, failure to accommodate, and failure to engage in the interactive process to reasonably accommodate.
• Mediated a matter where the salesperson alleged associational disability discrimination, accommodation, and wrongful termination claims against a hospice facility during COVID-19 pandemic.
• Mediated a dispute involving wage and hour claims and wrongful termination allegations against a national non-profit organization.
• Mediated a dispute involving a skilled technician who alleged disability discrimination, failure to accommodate, and retaliatory termination against a closely held manufacturing company. The matter involved nuanced issues, including discussions of the concepts of "qualified individual with a disability" and "regarded as" disabled.
• Mediated a case involving a long-term employee for a closely held logistics corporation alleged disability discrimination, failure to accommodate based on a 100% healed policy, and retaliation under the Fair Employment and Housing Act.
• Mediated a disability discrimination case, including failure to engage in the interactive process and failure to accommodate a long-term retail employee against a Fortune 500 corporation.
• Mediated a matter where a retail employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under FEHA, and wrongful termination in violation of public policy.
• Mediated a matter involving an insurance call center supervisor who alleged failure to accommodate, failure to engage in the interactive process, disability discrimination, retaliation, and wrongful termination in violation of public policy.
• Mediated a dispute involving a management-level employee of a large retailer who asserted claims of disability discrimination, failure to engage in the interactive process and provide reasonable accommodation, retaliation, and wrongful termination in violation of public policy.
• Mediated a dispute involving an assembly line worker who alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy against a parts manufacturer. The employer defended the claims by asserting undue hardship and arguing that the employee lacked the qualifications or ability to perform the essential functions of the job with or without reasonable accommodation.
• Mediated a housing discrimination dispute in which a tenant alleged failure to accommodate and failure to engage in the interactive process against an apartment developer. The tenant claimed he should have been provided a parking spot closer to his apartment unit as a reasonable accommodation and that his accommodation requests were ridiculed and ignored.
• Mediated a dispute involving an oil and gas industry employee who alleged disability discrimination, including failure to accommodate and engage in the interactive process, wrongful termination in violation of public policy, retaliation under Labor Code section 1102.5, and wage and hour violations related to on-call time and failure to provide meal and rest breaks. The employer defended the claims by asserting failure to engage in the interactive process and LMRA preemption of the wage and hour claims.
• Mediated a dispute involving a medical transport employee who alleged disability discrimination, including failure to engage in the interactive process, and wrongful constructive termination.
• Mediated a dispute involving a logistics employee who alleged wrongful termination and disability discrimination arising from a positive COVID-19 diagnosis and the employer’s claim that the employee failed to provide certified documentation supporting a return to work following recovery.
• Mediated a dispute involving a food packing worker who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process.
• Mediated a dispute involving a trucking employee who alleged disability discrimination—including failure to accommodate and failure to engage in the interactive process—and retaliation under the Fair Employment and Housing Act.
• Mediated a dispute involving two automotive employees who alleged disability discrimination, including failure to engage in the interactive process and wrongful termination in violation of public policy. The employer defended the claims by asserting a reduction in force during the COVID-19 crisis as the legitimate business reason for the termination decisions.
• Mediated a dispute involving a long-term watchmaker who alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination against a jewelry retailer.
• Mediated a dispute involving an accounts payable procurement specialist who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, retaliation under Labor Code section 1102.5, and wrongful termination against a Fortune 100 company.
• Mediated a dispute involving a long-term employee in the medical manufacturing industry who alleged failure to accommodate, failure to engage in the interactive process, and CFRA interference following her termination when attempting to return to work from a leave of absence.
• Mediated a dispute involving a customer service representative who alleged medical condition and disability discrimination, as well as CFRA retaliation, against a food manufacturing company. The employer defended the claims by asserting legitimate business reasons and a reduction in force for the failure to reinstate following an extended leave of absence.
• Mediated a dispute involving a long-term employee in the medical manufacturing industry who alleged failure to accommodate, failure to engage in the interactive process, and CFRA interference after being terminated upon attempting to return to work from a leave of absence.
• Mediated a dispute involving an IT employee who alleged disability discrimination and failure to accommodate against an assisted living facility. The employer defended the claims by asserting that the employee never requested, nor was denied, any accommodation.
• Mediated a dispute involving a leasing agent who alleged disability discrimination, including failure to engage in the interactive process, against a property management company.
• Mediated a dispute involving a laboratory scientist, a contingent worker, who alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and retaliatory wrongful termination against a biotech corporation and a staffing firm.
• Mediated a dispute involving a grocery store worker who alleged disability discrimination—including failure to accommodate and engage in the interactive process, associational discrimination, retaliation under Labor Code section 1102.5, and wrongful termination in violation of public policy. The employer defended the claims by asserting legitimate business reasons based on alleged misconduct and failure to show respect toward management and co-workers.
• Mediated a dispute involving a home healthcare registered nurse who alleged failure to accommodate, failure to engage in the interactive process, disability discrimination, retaliation, and wrongful termination in violation of public policy. The employer defended the claims by asserting that the employee was not a qualified individual with a disability and raised the affirmative defense of health or safety risk under CACI 2544.
• Mediated a dispute in which a retail sales associate alleged disability and pregnancy discrimination, violations of the CFRA, wrongful termination in violation of public policy, and various wage and hour claims. The retailer asserted defenses, including that the employee was not a qualified individual with a disability and, therefore, was not entitled to recover under disability discrimination laws, as well as alleging failure to mitigate damages.
• Mediated a dispute involving a retail sales associate who alleged disability and pregnancy discrimination, violations of the CFRA, wrongful termination in violation of public policy, and multiple wage and hour violations. The retailer defended the claims by arguing the employee was not a qualified individual with a disability and thus was not entitled to recovery under disability discrimination laws and also asserted failure to mitigate damages.
• Mediated a case involving a shipping and receiving clerk in a textile company who alleged failure to engage in the interactive process to reasonably accommodate. The company asserted the defense that the clerk was not a qualified individual with a disability.
• Mediated a dispute involving a grocery store worker’s claims of disability discrimination, associational discrimination, retaliation under Labor Code section 1102.5, and wrongful termination. The employer asserted legitimate business reasons based on alleged misconduct and disrespect toward management and co-workers.
• Mediated a dispute involving a pharmaceutical sales representative who alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, CFRA interference, and wrongful termination in violation of public policy. The employer defended the claims by asserting the employee was not a qualified individual with a disability and was judicially estopped from claiming ability to work after applying for long-term disability benefits following her termination.
• Mediated a dispute involving a counselor at a mental health facility who alleged disability discrimination, including failure to reasonably accommodate and engage in the interactive process, retaliation under FEHA, failure to prevent discrimination and retaliation under FEHA, and wrongful termination in violation of public policy.
• Mediated a dispute involving a nutritionist who alleged that a food service company engaged in disability discrimination, including failure to accommodate and failure to engage in the interactive process to provide reasonable accommodation.
• Mediated a dispute involving a construction superintendent who alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation for asserting rights under disability leave laws, retaliation under Labor Code section 1102.5, and wrongful termination in violation of public policy.
• Mediated a dispute involving a sales employee who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, whistleblower retaliation under California Labor Code section 1102.5, and wrongful termination in violation of public policy.
• Mediated a dispute involving a maintenance worker at a retail store who alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation, and wrongful termination in violation of public policy. The employer defended the claims by asserting the termination was a mistaken decision unrelated to the disability and that it promptly attempted to reinstate the employee once the error was discovered.

Disability and Wrongful Termination

• Mediated a dispute involving a software developer who alleged disability discrimination, including failure to reasonably accommodate and failure to engage in the interactive process, disability-based harassment, retaliation, and wrongful termination in violation of public policy. The employer defended the claims by asserting the employee was not a "qualified individual with a disability" and, therefore, it had no obligation to accommodate or engage in the interactive process.
• Mediated a dispute involving a property management employee who alleged disability discrimination, including failure to accommodate, failure to engage in the interactive process, retaliation in violation of FEHA and Labor Code section 1102.5, and wrongful termination in violation of public policy.
• Mediated a case involving a fast food restaurant worker who alleged disability discrimination, retaliation, and wrongful constructive termination when her assigned work hours were significantly reduced following her return from workers' compensation leave of absence.
• Mediated a dispute involving a quality assurance employee at a defense contractor who alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation under FEHA and Labor Code section 1102.5, and wrongful termination in violation of public policy. The employer defended the claims by asserting the employee was not a qualified individual with a disability and had requested an indefinite leave of absence.
• Mediated a dispute involving a long-term employee in the travel industry who alleged disability discrimination and retaliation for engaging in protected activity under the FEHA.
• Mediated a dispute involving an information technology worker who alleged wrongful termination for asserting rights under disability discrimination laws, including requesting accommodation for his Asperger’s diagnosis. The employer defended the claims by asserting he was not a qualified individual with a disability, as he could not perform the essential functions of his job with or without reasonable accommodation.
• Mediated a dispute involving a customer service representative who alleged sex discrimination, disability discrimination, retaliation under the FEHA, and wrongful termination in violation of public policy. The employer defended the claims by asserting a legitimate business reason for the termination, a reduction in force (RIF).
• Mediated a dispute involving an auto detailer at an automobile dealership who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, disability harassment, violation of California Labor Code section 1102.5, and wrongful termination in violation of public policy.
• Mediated a dispute involving a retail sales associate who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, disability harassment, retaliation, and wrongful termination in violation of public policy.
• Mediated a dispute involving a technology engineering employee who alleged disability discrimination based on autism, OCD, and bipolar disorder, including failure to accommodate and failure to engage in the interactive process, failure to prevent discrimination, retaliation under FEHA, and wrongful termination in violation of public policy. The employer defended the claims by asserting a reduction in force as a legitimate business reason and a lack of knowledge of the employee’s disability at the time of the termination decision.
• Mediated a dispute involving a security guard who alleged disability discrimination based on colitis, including failure to accommodate and failure to engage in the interactive process to provide reasonable accommodation, failure to prevent disability discrimination, disability harassment, and wrongful constructive termination in violation of public policy.
• Mediated a case involving a warehouse worker with a back injury who alleged failure to accomodate, failure to engage in the interactive process, and retaliatory wrongful termination under FEHA and at common law.
• Mediated a case involving a long term manufacturing employee who was fired for allegedly violating COVID-19 policy requiring employees to refrain from entering the workplace while symptomatic asserted the termination violated disability discrimination laws and the California Family Rights Act (CFRA).
• Mediated a case involving a truck driver who took time off for hernia surgery who alleged disability discrimination, including failure to accomodate and failure to engage in the interactive process to reasonably accomodate. The employer asserted a reduction in force (RIF) as its legitimate business reason for the termination decision.
• Mediated a case involving a cashier in a convenience store who alleged disability discrimination, interference and retaliation in violation of CFRA, and wrongful termination in violation of public policy. The employer asserted it had a legitimate good faith reason for the termination based on inappropriate and racist language they alleged the plaintiff used, and, therefore, the Harris v. Santa Monica defense would apply to disallow the plaintiff from recovering any damages for any alleged wrongdoing.

Discrimination

• Mediated a dispute involving a back-office employee who alleged pregnancy discrimination, aiding and abetting discrimination, and defamation against a closely held medical corporation.
• Mediated a dispute involving a front office receptionist who alleged race discrimination and wage and hour violations against a closely held medical corporation.
• Mediated a contentious, dispute on the eve of trial, case was brought by a stock clerk who alleged race discrimination, racial harassment, and retaliation under the FEHA against a former employer, an aerospace parts manufacturer.
• Mediated a dispute involving a tech industry sales representative who alleged sex discrimination in account allocation and wage and hour violations.
• Mediated an age and disability discrimination case by a security employee against his Fortune 500 former employer, requiring sensitivity to the significant emotional needs of a long-term employee.
• Mediated a dispute involving a long-term employee of a national corporation who alleged age discrimination, harassment, and retaliation.
• Mediated a dispute involving a phlebotomist with diabetes who alleged disability discrimination and failure to accommodate and engage in the interactive process against a healthcare entity.
• Mediated a dispute involving an employee in the solar technology industry who alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wage and hour violations.
• Mediated a dispute involving an executive employee at a manufacturing company who alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate, and wrongful termination in violation of public policy.
• Mediated a dispute involving a long-term food service employee who alleged age and sex discrimination, failure to prevent discrimination, intentional infliction of emotional distress, and retaliation under Labor Code section 1102.5 against a restaurant chain.
• Mediated a dispute involving a pharmaceutical industry executive who alleged defamation, sex discrimination, and failure to pay a contractual bonus.
• Mediated a dispute involving an employee who alleged race discrimination, retaliation, and wrongful constructive termination against a technology company.
• Mediated a dispute involving long-term purchasing employees at a Fortune 500 company who alleged age and race discrimination in their selection for termination during a reduction in force in the early months of the COVID-19 crisis. The employer defended the claims by asserting legitimate business reasons, failure to mitigate, and lack of corroboration or direct evidence of discriminatory conduct.
• Mediated a dispute involving a car dealership employee who alleged race and disability discrimination, harassment, retaliation, wrongful termination, and wage and hour violations.
• Mediated a dispute involving a hotel executive who alleged race and sex discrimination and wrongful termination in violation of public policy.
• Mediated a dispute involving a Latinx accounts payable employee in the aerospace manufacturing industry who alleged race and national origin discrimination and harassment, enforcement of an illegal English-only policy, retaliation under Labor Code section 1102.5, and wrongful termination in retaliation for raising workplace safety concerns related to COVID-19 protocols.
• Mediated a dispute involving a teenage fast-food employee who alleged sexual harassment, sex discrimination, retaliation, wrongful termination, and wage and hour violations.
• Mediated a multi-party dispute involving 11 cocktail servers who alleged sex, age, and race discrimination, as well as wrongful termination. The cases required extensive follow-up and were fully resolved through a global settlement nearly three months after the initial two-day mediation session, via a complex mediator’s proposal.
• Mediated a dispute involving a pharmaceutical sales representative who alleged sexual harassment, disability discrimination including failure to accommodate and failure to engage in the interactive process, and wrongful termination in violation of public policy. The employer defended the claims by asserting undue hardship and a reduction in force as legitimate business reasons for the termination.
• Mediated a dispute involving employees of a medical practice who alleged that the acquiring entity failed to hire them based on age and disability discrimination, as well as in retaliation for asserting their rights to time off under various leave laws.
• Mediated a dispute involving a clerical worker at a trucking company who alleged race discrimination, racial harassment, wage and hour violations, and wrongful termination.
• A long-term employee of a delivery company alleged disability and age discrimination, along with wrongful termination in violation of public policy. The employer alleged the defense of a reduction in force as a legitimate business reason for terminating the employee.
• A custodian in a hospital alleged disability discrimination, sexual harassment, and wrongful termination in violation of public policy.
• A beverage packaging line worker alleged racial harassment, failure to prevent harassment, and intentional infliction of emotional distress.
• Fast food worker alleged transgender discrimination, disability discrimination, and wrongful constructive termination.
• Manufacturing plant worker alleged sexual orientation and national origin discrimination against alleged joint employers manufacturer and temporary job placement agency. Mediation involved complex discussion of joint employer liability and negotiations between the defendants as well as between defendants and the plaintiff.
• Warehouse "cherry-picker" worker alleged race discrimination and failure to prevent discrimination under the Fair Employment and Housing Act as well as wrongful termination in violation of public policy.
• African American escrow employee alleged race discrimination, failure to prevent discrimination, and retaliatory wrongful termination of employment.
• Pharmacy clerk alleged race and age discrimination, wrongful termination, and wage and hour violations against a closely held corporation.
• A long-term industrial bakery employee alleged age discrimination, failure to prevent discrimination, and wrongful termination in violation of public policy.
• Mediated a case in which an in-house recruiter for a large healthcare entity alleged disability discrimination, including failure to engage in the interactive process to reasonably accomodate, violation of California Family Rights Act and Family Medical Leave Act, and wrongful termination in violation of public policy.
• An African American car salesperson alleged discrimination based on race, retaliation for asserting rights under federal and state anti-discrimination laws, and wrongful termination in violation of public policy.
• Mediated a case where a hospitality salesperson alleged religious, race, and national origin harassment, leading to an alleged wrongful constructive termination of employment.
• A college admissions advisor alleged sexual orientation, age, and religious discrimination, retaliation under the FEHA and section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• A bank auditing employee alleged race discrimination, racial harassment, retaliation, and wrongful termination in violation of public policy. The bank asserted a RIF as the legitimate business reason for the decision to terminate the employee.
• Supermarket workers alleged sexual harassment, retaliation for complaining about sexual harassment, failure to prevent harassment and retaliation, violation of section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Mediated a case involving a lesbian car dealership employee who alleged sex and sexual orientation discrimination, harassment, and retaliation for complaining about violations of the FEHA, as well as wage and hour violations, including failure to provide meal and rest breaks and waiting time penalties under section 203 of the Labor Code.
• A data analyst alleged hostile work environment based on sex, violation of the Equal Pay Act, discriminatory and retaliatory termination in violation of the FEHA and section 1102.5 of the Labor Code, unfair business practices, and wrongful termination in violation of public policy. The employer asserted a reduction in force (RIF) as its legitimate business reason for the termination.
• A public school district employee alleged wrongful demotion in violation of the Fair Employment and Housing Act and retaliation in violation of sections 98.6, 1102.5, and 6310 of the California Labor Code.
• A retail worker alleged pregnancy discrimination, disability discrimination, failure to accomodate and engage in the interactive process, retaliation, and wrongful termination in violation of public policy.
• Mediated a case involving a community college employee who alleged retaliation under the California Fair Employment and Housing Act and section 1102.5 of the California Labor Code. The employer alleged there was no actionable adverse employment action that could give rise to liability.
• Mediated a case where bank tellers alleged sexual harassment, retaliation, and wrongful termination by their branch manager.
• Mediated a case involving a health care employee with lupus disability who alleged that the elder care facility failed to accomodate, failed to engage in the interactive process to reasonably accommodate, and retaliated in violation of CFRA/FEHA and FMLA.
• Mediated a case involving a food server who alleged sexual and race harassment and retaliation for complaints about harassment. The employer asserted it was not strictly liable because the alleged harassers were co-workers and the plaintiff did not notify the employer of the harassment (avoidable consequences doctrine).
• Mediated a case involving an African American female logistics worker who alleged sexual harassment, retaliation, and discrimination under the FEHA, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Mediated a case involving a long-term golf course maintenance employee who alleged disability and age discrimination, retaliation, and wrongful termination in violation of public policy.
• Mediated a case involving an African American male truck driver who alleged sex and race discrimination and harassment, violation of Labor Code sections 1102.5 and 6310, and wrongful termination in violation of public policy.

Employment Wage & Hour Class Action PAGA

• Workers in a medical device corporation alleged meal and rest break violations, off the clock/overtime violations, unreimbursed business expenses, pay stub violations, waiting time penalties, violation of section 17200 of the Business and Professions Code, and violation of the FCRA.

ERISA

• ERISA class action alleging breach of fiduciary duty and "continuing breach" theory of liability with potential statute of limitation defense based on "actual knowledge" and argument based on "subsequent breaches of a similar nature."

Family Leave Act

• Executive assistant asserted FMLA and CFRA interference, retaliation, and wrongful termination.
• A medical assistant in a closely held medical facility needed time off to be with her child who was in the hospital after suffering seizures. When she was ready to return to work, she was not reinstated to the same position and was told that if she did not take an alternative position she would be laid off. She alleged retaliation, violation of CFRA, including CFRA interference, and wrongful termination.
• A lawyer alleged that her law firm employer retaliated against her and failed to accommodate her after she took FMLA/CFRA maternity/baby bonding leave of absence and needed to extend her leave for physical disability issues. The employer asserted defenses of failure to mitigate and job abandonment.
• An administrative assistant working for a government contractor alleged retaliatory wrongful termination in violation of the CFRA, FMLA, ADA, and the FEHA's disability discrimination provisions.
• An executive director of a non-profit alleged violation of CFRA and FMLA, disability discrimination, including failure to engage in the interactive process to reasonably accommodate, and retaliation in violation of the FEHA and section 1102.5 of the Labor Code.
• Retail management employee alleged wrongful termination based on disability and asserting rights under disability accommodation and CFRA leave laws.
• Warehouse shipment receiving worker alleged CFRA retaliation, associational (disability) discrimination, and wrongful termination in violation of public policy.
• A corrections facility management employee alleged CFRA and disability retaliation, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Mediated a case where the claimant alleged medical condition (breast cancer) discrimination, retaliation for asserting rights under FMLA and CFRA for intermittent leave to undergo chemotherapy, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy. The employer asserted a reduction in force ("RIF") as its legitimate business reason for the termination decision.

Hostile Environment

• A long-term female executive employee of a Fortune 500 company alleged age and sexual harassment and discrimination, as well as retaliation for complaining, under the FEHA and Title VII.
• A long-term employee of a closely held corporation asserted claims of hostile work environment, wage and hour violations, and wrongful termination under FEHA, section 1102.5 of the Labor Code, and common law.
• Long-term employee in a closely held medical corporation alleged continuing violation of doctrine, sexual harassment, wage and hour violations, and intentional infliction of emotional distress.
• Multi-plaintiff case alleging sexual harassment and wrongful termination under FEHA based on race, national origin, sex, and age.
• A long-term executive employee of a real estate finance company alleged retaliatory termination, sexual harassment, wage and hour violations, and defamation.
• Registered nurse alleged sex discrimination and harassment, violation of sections 1102.5 and 3610 of the Labor Code, and wrongful termination in violation of public policy against a medical facility.
• Sales employee alleged her employer failed to provide lactation accommodation, harassed and discriminated against her based on her sex, and wrongfully terminated her employment in violation of public policy.
• A female security dispatcher alleged sexual harassment, race harassment, and retaliation under the Fair Employment and Housing Act.
• An accounting employee at a closely held corporation alleged sexual harassment, sexual assault, and wrongful constructive termination. The employer asserted the defense of consent.
• A waitress in a hotel restaurant alleged sexual harassment, failure to prevent, retaliation, and wage and hour violations. The employer asserted a defense that it is not liable for the off-duty conduct of its employees.
• Male executive in a closely held food production corporation alleged sexual harassment, retaliation, and wrongful termination.

Labor Code

• A hotel employee alleged wrongful termination under section 1102.5 of the Labor Code, as well as wage and hour violations for failure to provide rest breaks and meal periods.

PAGA

• PAGA representative action concerning assistants in the entertainment industry, alleging denial of meal breaks, denial of rest breaks, failure to reimburse expenses, and illegal "off the clock" work.
• PAGA representative actions and multiple single plaintiff wage and hour arbitrations where arbitration agreement precluded class actions. Legal issues included piece-rate pay structure, alleged failures to provide meal breaks, failure to pay rest breaks, Labor Code 226 and 2802 violations, and waiting time penalties.
• Outside salesperson for large retail chain alleged wage and hour violations, race discrimination, and retaliation during a corporate reorganization/reduction in force that resulted in the salesperson's termination.
• Logistics warehouse workers alleged rounding and meal period violations against their alleged joint employers. Negotiated the settlement of the PAGA action as well as the contribution of each of the defendant entities.
• PAGA representative action in the retail mercantile industry alleging violation of the suitable seating requirements in section 14 of IWC Wage Order 7-2001.
• A janitorial worker alleged PAGA action for meal and rest period violations, other wage and hour violations, disability discrimination, and wrongful termination.
• PAGA collective action against temp-to-hire/permanent placement company alleging, among other things, off-the-clock work, meal and rest break violations, paystub violations, and violation of section 2802 of the Labor Code.
• PAGA plaintiff alleged meal and rest break violations, off-the-clock work, failure to pay business expenses, and paystub violations against a logistics facility. Analysis included the de minimus doctrine and discussion of the arbitration provision's likelihood to vitiate the entire claim in light of the Supreme Court's pending Viking River Cruises case.
• Restaurant worker alleged individual claims of sexual harassment and retaliatory termination, in addition to her suit for PAGA penalties based on violation of sections 203, 204, 218.5, 218.6, and 226 of the Labor Code.
• A fashion designer alleged ethnic and race discrimination, breach of contract, violation of section 970 of the Labor Code, negligent misrepresentation, wrongful termination, and PAGA violations. The employer asserted the defense of legitimate business reasons including a substantial reduction in force.
• Fast-food workers alleged PAGA violations stemming from off-the-clock work, meal and rest break violations, incorrect regular rate of pay for overtime calculation, inaccurate paystubs, and Labor Code section 203 violations.
• Security manager alleged age and sexual orientation discrimination, harassment, and wrongful termination in violation of public policy.
• PAGA case alleging failure to provide rest breaks and timely meal breaks, incorrect regular rate of pay for overtime, waiting time penalties, and incorrect wage statements.
• Construction workers alleged class and PAGA action including violation of prevailing wage laws, failure to pay minimum and overtime wages, failure to provide meal periods, failure to reimburse necessary business expenses, wage statement and record keeping violations, waiting time penalties, unfair business practices, and PAGA penalties.
• Mediated a case where a plaintiff alleged individual claims of discrimination as well as class and PAGA claims, including failure to pay overtime, off the clock work, paystub violations, failure to reimburse business expenses, and section 203 waiting time penalties.
• Mediated a case involving three plaintiffs who alleged individual actions based on Cal-OSHA, as well as a representative action for PAGA penalties based on the alleged underlying Cal-OSHA claims.
• Mediated a case involving fast food specialty shop employees who alleged PAGA violations including meal and rest break violations, regular rate violations, off the clock work, pay stub violations, and failure to pay all wages at the time of termination (section 203 waiting time penalties).

Pregnancy Discrimination

• Arbitration of a pregnancy discrimination case against an automotive dealership.
• Pregnancy Disability/CFRA/Failure to accommodate case against a closely held corporation in the building and construction business.
• A loan processing employee alleged pregnancy discrimination, disability discrimination, retaliation, and wrongful termination in violation of public policy against a mortgage brokerage. The brokerage asserted factual defenses of the employee's failure to engage in the interactive process and undue burden.
• A logistics employee alleged pregnancy and sex discrimination, violation of the Pregnancy Disability Leave Law, wrongful termination in violation of public policy, and wage and hour violations.
• A cyber-security employee alleged equal pay violation, sex and pregnancy discrimination, and wrongful termination in violation of public policy.
• A medical technician alleged negligent hiring and supervision, disability discrimination, failure to engage in the interactive process, failure to reasonably accommodate, failure to prevent discrimination, retaliation, and wrongful termination in violation of public policy. The employer asserted the COVID-19 crisis as its legitimate business reason for the adverse employment actions against the plaintiff.
• A retail worker alleged pregnancy, disability, sex discrimination, and wrongful termination in violation of public policy.
• Bank employee alleged pregnancy, sex, and disability discrimination in the handling of her requests for time off under CFRA and the FEHA and the subsequent termination of her employment.
• Mediated a case involving an aerospace employee who alleged pregnancy and sex discrimination, retaliation, violation of section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• A chef alleged race, disability, and pregnancy discrimination, including failure to accomodate, failure to engage in the interactive process, and wrongful constructive termination.
• A transgender employee alleged sex, pregnancy, gender identity, and disability discrimination, failure to prevent discrimination, and wrongful termination in violation of public policy.
• A certified nursing assistant at a post-surgical care facility alleged pregnancy and disability discrimination, including failure to accomodate and failure to engage in the interactive process.
• Mediated a case involving accounts receivabled by an employee who alleged pregnancy and sex discrimination, CFRA interference, and wrongful termination in violation of public policy. The employer asserted a reduction in force as its legitimate business reason for the termination.
• Mediated a case involving an engineer in the tech industry who alleged pregnancy and sex discrimination, retaliation for asserting rights to time off under the California Family Rights Act, and wrongful termination in violation of public policy.

Retaliation

• Certified Nursing Assistant (CNA) in an elder care facility alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and negligent hiring, retention, and supervision.
• A mechanical maintenance technician alleged religious and disability discrimination against a manufacturer, who claimed a valid reduction in force as its legitimate business reason for the termination decision.
• A clerical worker at a healthcare facility alleged disability discrimination and retaliatory wrongful termination for taking leave for a workplace injury. The employer alleged a reduction in force (RIF) as its legitimate business reason for the termination, and it asserted that Plaintiff's absolute failure to mitigate damages negated any economic loss.
• A long-term employee in the aerospace industry alleged race discrimination and retaliation under the FEHA and section 1102.5 of the California Labor Code.
• Health insurance executive alleged disability discrimination and retaliation for asserting rights under disability leave laws.
• Waitress alleged disability discrimination, failure to accomodate, failure to engage in the interactive process, wage and hour violations, and retaliation in violation of section 1102.5 of the Labor Code, founded on complaints about workplace safety, wage and hour violations, and failures to accomodate disability.
• Construction worker alleged disability discrimination, violation of section 1102.5 of the Labor Code, wage and hour violations, and wrongful termination in violation of public policy.
• Logistics management employee alleged retaliation for asserting rights to baby bonding time under the California Family Rights Act, discrimination under the FEHA, and wrongful termination in violation of public policy.
• Housekeeping employee alleged violation of CFRA, disability and medical condition discrimination, and wrongful termination in violation of public policy. Employer alleged a reduction in force (RIF) as a legitimate business reason for the termination.
• Chemist in a pharmaceutical production facility alleged disability discrimination, including failure to accomodate and to engage in the interactive process, CFRA retaliation, and wrongful termination in violation of public policy. The employer asserted a reduction in force (RIF) as its legitimate business reason for the decision to terminate the employee.
• Mediated a case where a big box store worker alleged sexual harassment, retaliation, and wrongful constructive termination of employment.
• A safety officer alleged religious discrimination (including a failure to accomodate), religious harassment, retaliation under FEHA and section 1102.5 of the Labor Code, and wrongful termination in violation of public policy. The employer asserted the defense of undue hardship.
• Mediated a case involving a long-term restaurant manager who alleged age discrimination, retaliation, and wrongful termination of employment.
• A clinical trial leader alleged religious and sexual discrimination, retaliation based on complaining about discrimination, retaliation for opposing and refusing to engage in conduct that violates FDA regulations, and wrongful termination in violation of public policy.
• Mediated a case involving a warehouse worker who alleged disability discrimination, including failure to accomodate and failure to engage in the interactive process, as well as retaliation for taking time off under the CFRA and disability accomodation law.
• A bank employee alleged she was retaliated against for complaining about race discrimination and wage and hour violations. In its defense, the bank asserted the employee's alleged falsification of bank records was a legitimate business reason for the termination decision.
• A warehouse supervisor alleged disability discrimination, age discrimination, and retaliatory termination for exercising rights to family leave and COVID leave.
• A truck driver alleged disability discrimination and retaliation under FEHA, as well as wage and hour violations. An employer asserted federal motor carrier exemption and that the employee was not a qualified individual with a disability.
• A quality control worker in a pharmaceutical production company alleged disability discrimination, including failure to engage in the interactive process and failure to accomodate, failure to prevent discrimination, retaliation for engaging in protected conduct under the FEHA and CFRA, and wrongful termination in violation of public policy.
• A warehouse worker alleged race and disability discrimination, retaliation for exercise of rights under CFRA/FMLA, wage and hour violations, and wrongful termination in violation of public policy.
• A long term firefighter employee alleged sex discrimination and retaliation related to disciplinary action, being forced out on administrative leave pending investigation and aribtration of the disputed discipline, and subsequent demotion.
• Mediated a case involving a marketing sales employee who alleged age and disability discrimination and violation of section 1102.5 of the Labor Code after asserting rights under CFRA and returning to work following a CFRA leave of absence for cancer treatment.

Sexual Harassment

• A registered nurse alleged sexual harassment, sexual assault, retaliation, failure to prevent, negligent hiring, retention, and supervision, and intentional infliction of emotional distress against a medical doctor and health care facility.
• An automobile finance employee alleged sexual harassment, retaliation, wrongful termination, and wage and hour violations against a closely-held used car dealership.
• Sexual harassment, retaliation, and constructive termination case against a small business, wherein allegations of harassment were made against a male supervisor/owner and allegations of retaliation and wrongful constructive termination were made against the owner's wife. A high level of sensitivity to the parties was required in all rooms.
• Male on male sexual harassment, sexual assault, and intentional infliction of emotional distress alleged by housekeeping worker against a large corporation.
• Sexual harassment and assault allegations by a female executive against an entertainment company.
• An automotive sales employee alleged male-on-male sexual harassment by a colleague.
• A female clerical employee of a medical corporation alleged sexual harassment, discrimination, invasion of privacy, and sexual battery by the male founder of the corporation.
• Female security guard in the hospitality industry alleged sexual harassment and sexual assault by supervisor.
• Minor fast-food worker alleged sexual harassment and sexual assault by supervisory employees.
• Administrative employee of CPA firm alleged sexual harassment and retaliation in violation of the Fair Employment and Housing Act.
• Arbitration of sexual harassment case.
• Paralegal alleged sexual harassment and retaliation against a law firm and a named partner in the firm.
• Government relations executive alleged sexual harassment, retaliation, and wrongful termination.
• Sanitation worker in a factory setting alleged sexual harassment and retaliation under the Fair Employment and Housing Act and wrongful termination in violation of public policy.
• An after-school teacher alleged sexual harassment and wage and hour violations against a non-profit school.
• A chef in a restaurant alleged sexual harassment by her kitchen co-workers, along with race discrimination, retaliation, and wrongful termination.
• A legal secretary alleged a hostile work environment sexual harassment and retaliation for participating in a workplace investigation.
• A logistics employee alleged sexual harassment and wrongful constructive termination of her employment.
• An automotive salesperson alleged quid pro quo and hostile work environment sexual harassment.
• A supermarket cashier alleged sexual harassment, religious harassment, intentional infliction of emotional distress, and wrongful constructive termination of employment.
• An administrative assistant at a construction company alleged that the president of the company sexually harassed her after a consensual affair came to an end. The employer asserted the conduct was entirely consensual.
• A waitress in a closely held restaurant corporation alleged sexual harassment, failure to prevent, and wrongful constructive termination in violation of public policy.
• Short-term entertainment show worker alleged sexual harassment and retaliatory termination in violation of the FEHA and public policy. The case involved high emotion as well as complicated legal issues of joint employment, the definition of "employer" under the FEHA, and alter ego liability.
• Management trainee alleged sexual harassment, sexual assault, and wrongful constructive termination against corporate defendant and her former supervisor.
• Carpenter alleged same-sex sexual harassment, failure to prevent harassment, and assault by supervisor on jobsite.
• Home health worker alleged sexual harassment, failure to prevent sexual harassment, and sexual assault.
• Special education teacher alleged sexual harassment and failure to prevent harassment.
• Branch manager of lending corporation alleged pregnancy discrimination, sex discrimination, and sexual harassment against the director of operations. The employer asserted that the employee was a willing participant and welcomed the conduct.
• In-house counsel in biotech alleged sexual harassment, race discrimination, violation of CFRA/FMLA, retaliation in violation of section 1102.5 of the California Labor Code, and wrongful termination in violation of public policy. Employer asserted a RIF as its legitimate business reason for the termination decision.
• Mediated a case involving a factory employee who alleged sexual harassment, retaliation, and wrongful termination. The case required a nuanced discussion of joint employer theories of liability and strict liability for individual defendant conduct.
• A bank employee alleged sexual harassment, failure to prevent harassment, and retaliatory constructive termination of employment following her complaints of sexual harassment.
• A factory worker alleged sexual harassment, retaliation, and failure to prevent sexual harassment.
• A medical assistant in a small medical group alleged sexual harassment, failure to prevent harassment, and wrongful constructive termination in violation of public policy.
• A factory worker alleged sexual harassment, failure to prevent harassment, retaliation, and wrongful termination in violation of public policy. The mediation involved wading through multiple defendants' liability and managing negotiations within the defense side to achieve a global settlement.
• A marketing executive alleged sexual harassment, discrimination, and retaliation under the fair employment and housing act, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Mediated a case in which a sales employee alleged she suffered sexual harassment and other violations of FEHA. The plaintiff also alleged claims of CFRA interference, violation of section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Mediated a case where a cook at a sports bar alleged sexual harassment, failure to prevent sexual harassment, and constructive wrongful termination in violation of public policy.
• Mediated a case involving a real estate on-site marketing employee who alleged sexual harassment by a maintenance worker, retailation, and failure to prevent harassment and retaliation. The employer asserted it took immediate, appropriate corrective action to end the harassment.
• Mediated a case involving an employee who alleged harassment based on sex and transgender status, retaliation for complaining about the harassment, failure to prevent harassment and retaliation, and wrongful constructive termination of employment.

Sexual Harassment And Retaliation

• A management employee in a logistics facility alleged sexual harassment, failure to prevent, retaliation for engaging in protected conduct, and wrongful termination in violation of public policy. The employer asserted defenses of good faith business reasons for the termination.
• The alleged sexual harasser asserted claims against the alleged victim of sexual harassment for extortion, fraud, and breach of contract.
• Clinical specialist for a medical device company alleged sex discrimination, sex harassment, sexual orientation discrimination, and violation of section 1102.5 of the California Labor Code.
• Hotel front desk employee alleged sexual harassment, failure to prevent harassment, wage and hour violations, violation of section 1102.5 of the Labor Code, and wrongful constructive termination.
• Restaurant server at closely held restaurant corporation alleged sexual harassment, failure to prevent harassment, wage and hour violations, and wrongful constructive termination of employment.
• Mediated a case involving a refinery worker who alleged sexual and racial harassment and wrongful constructive termination in violation of public policy.
• A production line factory worker alleged sexual harassment, failure to prevent harassment, retaliation under FEHA and section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Medical device fabricators alleged sexual harassment, failure to prevent harassment, retaliation under FEHA, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• A security manager alleged sexual harassment, sexual orientation discrimination, retaliation under FEHA and section 1102.5 of the Labor Code, wrongful termination in violation of public policy, and PAGA violations.
• A restaurant's reservation manager alleged sexual harassment, disability discrimination, retaliation, and wrongful constructive termination by the general manager. The employer asserted the conduct was welcome as a defense to the harassment allegations.
• A fast food worker alleged sexual harassment, sexual orientation discrimination, and retaliation in violation of section 1102.5 of the Labor Code. The employer claimed the worker abandoned her job and did not complain of illegal conduct.
• A retail cashier alleged sexual harassment, failure to prevent sexual harassment, and retaliatory wrongful termination under the Fair Employment and Housing Act.
• A warehouse employee alleged a co-worker's conduct towards her amounted to sexual harassment and retaliation, and she alleged that her employer's response to her complaints amounted to a failure to prevent harassment and retaliation, under the Fair Employment and Housing Act.
• Mediated a case involving a graduate student intern who alleged sexual harassment and defamation in a clinical social worker program.

Wage and Hour

• Salesperson for a chemical manufacturer alleged failure to pay wages and commissions, waiting time penalties, fair pay violations fraud, breach of contract, and quantum meruit.
• A store manager alleged that she was misclassified as an exempt employee and asserted wage and hour claims that included failure to pay overtime, meal break and rest break violations, inaccurate wage statements, unlawful wage forfeiture, and waiting time penalties.
• A behavioral interventionist worker alleged disability discrimination, FMLA/CFRA retaliation, and wage and hour violations against a behavioral health care entity.
• Computer engineer alleged violations of wage and hour law, including failure to properly pay overtime, failure to provide meal and rest breaks, and wrongful retaliatory termination for complaining about failure to pay wages in violation of section of 1102.5 and the wage and hour provisions of the Labor Code.
• A female project engineer in the construction industry alleged harassment and discrimination based on sex and pregnancy and violation of the Equal Pay Act.
• A restaurant server alleged failure to pay wages (tips), waiting-time penalties, conversion, and unfair business practices in violation of section 17200 of the Business and Professions Code against her former employer, a restaurant franchisee.
• Inside salesman alleged failure to pay wages and other wage and hour violations, age discrimination, wrongful termination, and retaliation in violation of section 1102.5 of the Labor Code.
• A construction worker alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process to reasonably accommodate, as well as wage and hour violations. The employer asserted that the plaintiff was not a qualified individual with a disability.
• Automotive industry insurance sales representative alleged disability discrimination, wrongful termination, and misclassification, leading to overtime and waiting time violations.
• Retail merchandising district manager alleged misclassification and resulting failure to pay over time, failure to provide meal and rest breaks, and failure to reimburse business expenses.
• Resident manager of a mobile home park alleged minimum wage violations, unlawful deductions from pay, failure to reimburse business expenses, timecard violations, and waiting time penalties.
• Maintenance service employee alleged wage and hour violations including failure to provide meal breaks and rest breaks, off-the-clock work, failure to reimburse business expenses, and failure to pay overtime, as well as disability discrimination and wrongful termination.
• An equipment associate at a construction rental company alleged disability discrimination, associational discrimination, retaliation for taking family leave time off under the FEHA/CFRA, and wage and hour violations.
• Nightclub workers alleged discrimination and harassment based on race (African American), failure to prevent discrimination and harassment, wrongful termination in violation of public policy, and failure to provide rest breaks.
• A restaurant worker alleged meal and rest break violations, overtime violations, failure to pay minimum wage, wage statement violations, and waiting time penalties.
• Mediated a highly emotional and contentious pre-litigation overtime claim by a home health worker against the estate of the elders for whom she cared during her employment. The employer's estate threatened a cross-action for elder abuse and destruction of property.
• Mediated a case in which a skilled nursing facility employee alleged constructive wrongful termination of employment and wage and hour violations, including failure to provide meal breaks and rest breaks, failure to pay overtime, waiting time penalties, violation of section 2802 of the Labor Code, and wage statement violations.
• Mediated a case involving a traveling therapist who alleged wage and hour violations including misclassification, failure to provide meal and rest breaks, failure to pay overtime, paystub violations, and waiting time penalties.

Wage and Hour Class Action

• Class action alleged wage and hour violations including rounding, off-the-clock time, missed meal and rest breaks, and violations of PAGA. Among other defenses, the employer asserted the federal enclave doctrine.
• A complex wage and hour class and PAGA action on behalf of aeronautic mechanics, alleging meal and rest break violations, failure to pay overtime, uncompensated on-call time, failure to provide one day's rest in seven days, wage statement violations, and unfair business practices.
• Apartment managers alleged PAGA and class action wage and hour claims against a real estate company. The employer alleged defenses including its having obtained subsequent class action waivers and the implications of another case now pending before the U.S. Supreme Court.
• Wage and hour class and PAGA action alleging off-the-clock work, unpaid overtime, waiting time penalties, and incorrect wage statements, among other alleged violations. The employer asserted defenses based on class action waivers in arbitration agreements and pendency of the Viking River Cruises case before the Supreme Court.
• In a class action and PAGA representative action, gardening and arborist employees alleged meal and rest break violations, off-the-clock work, overtime violations, failure to pay minimum wage, waiting time penalties, and PAGA penalties.
• Non-exempt bank employees alleged class and PAGA claims for failure to pay regular rate of pay for meal and rest period premiums, as well as sick pay, failure to reimburse expenses, and wage statement violations.
• Inside salespersons at a technology company alleged failure to pay overtime, off-the-clock work, failure to provide meal and rest breaks, and misclassification.
• An electrician in a manufacturing plant alleged PAGA and class claims based on failures to provide meal and rest breaks, failure to pay overtime, unreimbursed business expenses, and off-the-clock work.
• Restaurant workers alleged meal and rest period violations, off-the-clock work, failure to pay overtime, and waiting time penalties.
• Car wash employees asserted class and PAGA claims, including off-the-clock work, failure to pay overtime, failure to properly calculate the regular rate of pay, meal and rest period violations, and pay stub violations.
• Employee in pharmaceutical manufacturing company alleged class and PAGA claims for meal and rest break violations, failure to reimburse expenses, off-the-clock work, incorrect wage statements, and waiting time penalties.
• Call center employees alleged class and PAGA claims for rest and meal period violations, failure to pay overtime (regular rate of pay violation), failure to calculate regular rate of pay correctly for sick pay and meal period violations, waiting time penalties, wage statement penalties, and PAGA penalties.
• A registrar in higher education alleged PAGA and class claims including failure to provide meal and rest breaks, failure to calculate proper regular rate of pay, and failure to reimburse business expenses, along with an individual claim of disability discrimination and retaliation, including failure to accomodate, and wrongful termination in violation of public policy.
• Gas station attendants alleged meal and rest period violations, failure to pay minimum wage, record keeping violations, and failure to pay all wages at the time of termination. The employer asserted on-duty meal period agreements in defense.
• Agricultural employees alleged meal and rest break violations, off the clock work, waiting time penalties, failure to reimburse business expenses, and timecard violations.
• Construction workers alleged meal and rest break violations, off the clock work (failure to pay minimum wage), wage statement violations, failure to pay overtime with failure to calculate regular rate properly, failure to reimburse business expenses, and failure to pay all wages at the time of termination.
• Industrial packing employees alleged PAGA and wage and hour class claims, including failure to pay all wages, failure to correctly calculate the regular rate of pay and pay overtime, off the clock work, meal and rest break violations, non-compliant wage statements, failure to reimburse business expenses, waiting time penalties, and unfair business practices.
• Mediated a case where information specialists in the health care industry alleged meal and rest break violations, off the clock work, wage statement violations, failure to reimburse expenses, waiting time penalties, and PAGA violations.

Whistleblower Wrongful Term

• Mediated a dispute involving an insurance underwriter who alleged wrongful termination under California’s whistleblower statute for raising concerns about insurance code violations. The plaintiff also asserted claims for common law fraud and violation of Labor Code section 970.
• Mediated a dispute involving a tax preparer who alleged sex discrimination and whistleblower retaliation against a CPA firm. The employer defended the claims by asserting legitimate, good-faith reasons for the termination, including alleged malfeasance involving false statements to taxing authorities.
• Mediated a dispute involving a long-term executive at a health care entity who alleged age and sex discrimination, wrongful termination in violation of public policy, and whistleblower retaliation under California Labor Code section 1102.5 for objecting to alleged violations of the Stark Act and Anti-Kickback Statute.
• Mediated a dispute involving a salesperson in the cannabis industry who alleged retaliatory termination in violation of California Labor Code section 1102.5, the state’s whistleblower protection statute.
• Mediated a dispute involving an X-ray technician who alleged disability discrimination, failure to accommodate and engage in the interactive process, and retaliation under FEHA and Labor Code section 1102.5.
• Mediated a dispute involving a biotech executive who alleged whistleblower retaliation for objecting to omissions in a regulatory presentation, as well as sex discrimination and harassment. The employer defended the claims by asserting the executive lacked a reasonable good faith belief that the conduct was illegal and that the termination was based on legitimate business reasons.
• Mediated a dispute involving a tow truck driver who alleged whistleblower retaliation and wage and hour violations against a towing company.
• Mediated a dispute involving an admissions officer at a religious post-secondary institution who alleged race discrimination, wrongful termination in violation of public policy, violation of Labor Code section 1102.5, and violations of both the Bane Act and the Ralph Act.
• Mediated a dispute involving a machinist at an aerospace parts company who alleged wrongful termination in violation of Labor Code section 1102.5 and public policy for raising complaints about wage and hour violations.
• Mediated a case with a Portfolio Manager working for an asset management company who alleged whistleblower retaliation under section 1102.5 of the California Labor Code, wrongful termination in violation of public policy, tortious interference with economic advantage, intentional infliction of emotional distress, and wage and hour violations.
• Mediated a case involving medical professionals who alleged whistleblower retaliation, including common law wrongful termination, based on the False Claims Act and section 1102.5 of the Labor Code, defamation, and fraud under section 970 of the Labor Code.
• Mediated a case involving a sales employee who asserted retaliatory wrongful termination for refusal to sign an employment contract with a non-competition and non-solicitation clause in it under section 1102.5 of the Labor Code. The employer asserted the contract clauses were not illegal under a foreign state's law, the state in which the employee resided and would ultimately be working for the employer.

Wrongful Term & Discrimination

• Disability discrimination and wrongful termination allegations by a school teacher against a religious entity. The case implicated issues involving the ministerial exemption and alternative avenues of employment law liability against religious educational institutions.
• Mediated a dispute involving a long-term nursing home employee who asserted claims of disability discrimination and retaliatory wrongful termination under Labor Code section 1102.5 and Health and Safety Code section 1278.5.
• A long-term retail salesperson alleged race, national origin, and age discrimination claims, as well as meal and rest break violations against a national clothing store.
• Food service workers at a closely held grocery corporation alleged wage and hour violations, disability discrimination, failure to engage in the interactive process, and retaliation under section 1102.5 of the Labor Code.
• Associate in a mid-sized law firm alleged sex discrimination, whistleblower retaliation, and wrongful termination.
• Patient care worker in health care facility alleged race and age discrimination in in the imposition of written discipline as well as his termination.
• Resolved three discrete actions concurrently: the complaint as well as cross-complaint as to both plaintiff and defendant employer in a discrimination, retaliation, defamation, and wage and hour cause of action against a fortune 500 company.
• A media marketing executive alleged age discrimination, sex discrimination, breach of contract, and violation of the Fair Pay Act and Equal Pay Act.
• Estimator for contracting company alleged sexual harassment by a co-worker at an after-hours dinner off-premises and wrongful constructive termination. The employer asserted defenses of avoidable consequences and no strict liability for the off-duty conduct of a co-worker.
• A Certified Nursing Assistant asserted claims of age and disability discrimination, whistleblower retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy against a residential care facility.
• Attorney employee alleged wrongful termination in violation of public policy and violation of section 1102.5 of the California Labor Code against a law firm.
• Corporate controller alleged whistleblower retaliation for complaints about illegal accounting practices of closely held corporation, including passing personal expenses through the business. Employer alleged defense that the controller's inappropriate behavior led to controller's termination.
• A human resources manager alleged sexual harassment, race discrimination, and wrongful termination against a closely held medical corporation.
• Package handler in logistics facility alleged disability discrimination, disability harassment, retaliation, and wrongful termination in violation of public policy.
• Meat-cutting worker in supermarket alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, violation of the FMLA/CFRA, and wrongful termination in violation of public policy.
• An employee in the cannabis industry alleged disability discrimination, failure to accommodate and engage in the interactive process, wrongful termination in violation of public policy, and violation of wage and hour laws including waiting time penalties, pay stub violations, failure to give meal and rest breaks, and overtime violations.
• A warehouse worker alleged sexual harassment, sexual orientation discrimination, retaliation, and wrongful termination in violation of public policy.
• Long-term groundskeeping employees of a retirement community alleged discriminatory wrongful termination based on national origin, disability, and age, as well as wage and hour violations involving overtime and waiting time penalties.
• Industrial bakery worker alleged failure to accommodate and wrongful termination after she was let go following the conclusion of her workers' compensation case.
• Port services executive alleged retaliatory wrongful termination and sexual harassment. Defendant asserted defenses of after-acquired evidence and failure to mitigate.
• A mechanic alleged age discrimination, disability discrimination, failure to prevent discrimination, and wrongful termination in violation of public policy. The automotive employer alleged that Plaintiff's termination was a legitimate business decision as part of a reduction in force.
• A surgical technician alleged disability discrimination, including failure to engage in the interactive process, and wrongful termination in violation of public policy for exercising rights under federal and state leave laws.
• A long-term machinist employee in a closely held parts manufacturer alleged age and sex discrimination and harassment.
• A medical employee in a correctional facility alleged disability discrimination, race discrimination, and retaliation under FEHA as well as wrongful termination in violation of public policy.
• A long-term management-level employee of a logistics facility alleged age discrimination, whistleblower retaliation, and wrongful termination.
• A bank manager alleged sex and race discrimination, race harassment, retaliation for supporting a subordinate's harassment complaint, and wrongful termination in violation of public policy.
• Sanitation worker alleged age discrimination, harassment, failure to prevent discrimination and harassment, retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy.
• Long-term golf course employee alleged disability discrimination, including failure to accomodate and failure to engage in the interactive process, and wrongful termination in violation of public policy.
• Military base subcontractor's employee alleged disability discrimination, CFRA retaliation, FEHA retaliation, violation of section 1102.5 of the California Labor Code, and wrongful termination in violation of public policy.
• Registered nurse in hospital emergency department alleged disability discrimination (failure to engage in the interactive process) and wrongful termination.
• A regional manager in an auto repair corporation alleged retaliatory wrongful termination under FEHA, section 1102.5 of the Labor Code, and at common law for complaining about harassment and taking time off under the California Family Rights Act.
• Mediated a case where a railway worker alleged disability discrimination, failure to accomodate, failure to engage in the interactive process, retaliation, harassment, and wrongful termination.
• Mediated a case involving an African American, lesbian security guard who alleged race, sex, and sexual orientation harassment and discriminatory wrongful termination on the same basis.

Wrongful Term Covid-19

• Mediated a dispute involving a long-term automotive employee who alleged age discrimination in connection with his termination. The employer defended the decision by citing a large-scale workforce reduction caused by the COVID-19 crisis as its legitimate business reason.
• Mediated a dispute involving an administrative employee at an employee placement agency who alleged pregnancy, disability, and sex discrimination, retaliation, and wrongful termination in violation of public policy. The claims included requests for disability accommodation based on susceptibility to COVID-19.
• Mediated a dispute involving an administrative employee at an employee placement agency who alleged pregnancy, disability, and sex discrimination, retaliation, and wrongful termination in violation of public policy. The employee’s request for disability accommodation was based on heightened susceptibility to COVID-19.
• Mediated a dispute involving a food warehouse worker who was terminated after taking time off due to COVID-19 exposure. The employee alleged disability discrimination, failure to engage in the interactive process, violations of CFRA and FMLA, and wrongful termination in violation of public policy.
• Mediated a dispute involving an employee who took CFRA leave to care for a seriously ill parent abroad shortly before the COVID-19 pandemic. The employee was unable to return to the United States as scheduled and requested a disability accommodation to work remotely from abroad. After refusing to return promptly, the employee was terminated. The employer defended the decision by asserting undue hardship, that the employee was not a qualified individual with a disability, and that the request for indefinite remote work was unreasonable.
• Mediated a dispute involving a supervisor of sales representatives who alleged wrongful termination under the sick leave provisions of the Labor Code and COVID-19 regulations, as well as wage and hour violations.
• Mediated a dispute involving a registered nurse who alleged disability discrimination and wrongful termination in violation of public policy for taking time off due to COVID-19-related issues affecting herself and her family members.
• Mediated a dispute involving a maintenance manager at a health care facility who alleged retaliatory wrongful termination for raising concerns about unsafe working conditions and refusing to work at the onset of the COVID-19 pandemic.
• Mediated a dispute involving a fast food worker who alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, violation of COVID-19 regulations, and wrongful termination in violation of public policy.

Wrongful Termination

• Hospitality marketing employee alleged disability discrimination and wrongful termination, including failure to accommodate and engage in the interactive process to reasonably accommodate.
• A private religious school employee alleged discrimination, retaliation, and wrongful termination. The negotiation covered issues involving ministerial privilege, the First Amendment, the implied covenant of good faith and fair dealing, anti-discrimination law, and whistleblower statutes.
• A server in a restaurant claimed sexual harassment, sexual identity discrimination, and wage and hour violations.
• Plaintiff was employed in the transportation field. He alleged that he was transferred and terminated for making complaints about safety violations that endangered himself as well as the public.
• A fast-food worker alleged sexual harassment, failure to prevent harassment, retaliation, wrongful termination, and unfair business practices against the employer and individual defendant (alleged harasser).
• A groundskeeper alleged age and disability harassment, discrimination, retaliation, and wrongful termination against a country club.
• A retail store employee alleged discrimination based on race and national origin and retaliatory wrongful termination based on asserting rights to sick time off.
• Disability discrimination, retaliation, and wrongful termination allegations by a fabrication lead against a manufacturing company.
• A car salesman asserted claims for wrongful termination and whistleblower retaliation founded on alleged complaints about deceptive sales practices by a car dealership.
• Claim by room attendant against a large hotel corporation, alleging wrongful termination, disability discrimination, and violations of wage and hour and sick leave laws.
• Disability discrimination, failure to engage in the interactive process, and Labor Code retaliation matter against a non-profit.
• A fast-food worker alleged wage and hour violations and retaliatory termination under sections 6310 and 1102.5 of the Labor Code.
• An employee in the automotive and tire industry alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation, wage and hour (meal and rest break) violations, and wrongful termination in violation of public policy.
• A warehouse worker alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy.
• A long-term employee of a closely held hardware company alleged age and disability discrimination and wrongful termination in violation of public policy based on section 233 of the California Labor Code and FEHA. The employer asserted defenses of legitimate business reasons, including a large-scale reduction in force due to the COVID-19 crisis.
• A customer service representative in the automotive industry alleged race, national origin, and disability discrimination, wrongful termination in violation of public policy, and wage and hour violations.
• A caregiver at a senior living facility alleged wage and hour violations, wrongful termination in violation of public policy, and whistleblower retaliation in violation of section 1102.5 of the Labor Code.
• A construction worker alleged wage and hour violations and wrongful termination and disability discrimination, claiming he was terminated after acquiring COVID-19.
• A retail security guard alleged disability discrimination, failure to engage in the interactive process, and wrongful termination in violation of public policy.
• Installation technician alleged age discrimination, disability discrimination, violation of CFRA, and meal and rest break violations. The employer alleged legitimate business reasons supported the termination decision and its policies and practices for meal and rest breaks were compliant with California law.
• A human resources employee for a large retailer alleged CFRA/FMLA interference and retaliation, disability discrimination, failure to prevent discrimination and retaliation, and wrongful termination in violation of public policy. The employer asserted defense of admitted policy violation as a legitimate business reason for the termination decision.
• A food service manager alleged disability discrimination, CFRA retaliation, and wrongful termination in violation of public policy. The employer asserted the defense of job elimination as a legitimate business reason for the termination.
• A construction worker employee of a closely held construction firm alleged wage and hour violations, disability discrimination, and wrongful termination.
• Four industrial employees alleged defamation and wrongful termination. The employer's defenses included arguments about the applicability of the attorney-client privilege that might attach during an executive session of a board of directors' meeting.
• IT executive alleged wrongful discriminatory and retaliatory termination based on sex, race, and complaining about sex discrimination against automotive finance corporation.
• An automotive general manager alleged disability discrimination, retaliation for asserting rights under leave laws, wage and hour violations, and wrongful termination. The employer alleged defenses of job abandonment and legitimate business reasons for discipline.
• Construction laborer alleged wage and hour violations including failure to pay overtime, failure to provide meal and rest breaks, failure to maintain accurate pay records, failure to provide wage statements, violation of section 1102.5 of the California labor code, and wrongful termination in violation of public policy.
• Engineer with significant hearing loss alleged disability discrimination, retaliation, and wrongful termination.
• Dental assistant alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, and wrongful termination in violation of public policy against a non-profit federally qualified health center (FQHC). The FQHC asserted defense that it had the legitimate business reason of a reduction in force during the COVID-19 crisis.
• A management employee of a plumbing parts manufacturer alleged failure to engage in the interactive process and wrongful termination.
• Mediated a dispute involving a retail sales associate who alleged disability, race, and ancestry harassment; disability discrimination; failure to accommodate; failure to engage in the interactive process; intentional infliction of emotional distress; and wrongful termination.
• A food services hostess alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, retaliation, and wrongful termination.
• Mediated a dispute involving a machinist at an aerospace manufacturing company who alleged age discrimination, retaliation for asserting rights under the Fair Employment and Housing Act, and wrongful termination in violation of public policy. The employer defended the claims by asserting good cause for termination based on repeated tardiness and no-call/no-show violations.
• Mediated a dispute involving a manager at a construction company who alleged sex discrimination, retaliation, and failure to prevent discrimination under the FEHA, violation of California Labor Code section 1102.5, and wrongful termination in violation of public policy.
• Sales employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, interference with CFRA/FMLA leave, wrongful termination in violation of public policy, and wage and hour violations.
• Mediated a dispute involving a forklift driver who alleged disability discrimination, wage and hour violations, retaliation under the FEHA and Labor Code section 1102.5, and wrongful termination in violation of public policy. The employer defended the claims by asserting a reduction in force as the legitimate business reason for the termination decision.
• Mediated a dispute involving a physical therapy aide who alleged violation of the CFRA, disability discrimination, harassment, whistleblower retaliation under Labor Code section 1102.5, and wage and hour violations against a closely held corporation.
• Mediated a dispute involving corporate counsel who alleged defamation, breach of contract, breach of the covenant of good faith and fair dealing, violation of the Labor Code, discrimination under the Fair Employment and Housing Act, and wrongful termination in violation of public policy.
• Mediated a case involving a front office medical employee who alleged disability discrimination, including failure to engage in the interactive process and failure to accomodate, wrongful termination in violation of public policy, and wage and hour violations. The employer asserted defenses that the employee was not a qualified individual with a disability and the law does not allow for indefinite leaves of absence.
• Mediated a pre-litigation dispute involving a human resources employee at an aerospace manufacturer who alleged race discrimination, retaliation for complaints of harassment, retaliation under Labor Code section 1102.5, and wage and hour violations.
• Mediated a dispute involving in-house counsel who alleged breach of contract, whistleblower retaliation, wrongful termination in violation of public policy, and wage and hour violations.
• Mediated a dispute in which the claimant alleged violation of Labor Code sections 970 and 2802, breach of contract, promissory estoppel, and wrongful termination in violation of public policy.
• Mediated a dispute involving a fabricator who alleged disability discrimination, failure to accommodate, and wrongful termination in violation of public policy against a window and door manufacturer.
• Mediated a case with a care executive who alleged a breach of contract and age discrimination following a "change in control" of the defendant's employer.
• Mediated a case involving a long-term manufacturing employee who alleged he was terminated for complaining about unsafe working conditions and wage and hour violations. The employer asserted that the employee engaged in insubordination, misconduct, and abandoned his job.

PI Auto

• Arbitrated an underinsured motorist claim.

PI Sexual Assault

• Mediated a dispute in which the plaintiff alleged sexual assault by a ride-share driver and negligence by the ride-share company, raising complex legal issues including the common carrier liability standard, respondeat superior, and the scope of employment and agency.