John S. Adler, Esq.

Breach of Contract

• After two mediation sessions, nine months apart, settled breach of contract, wrongful termination in violation of public policy, and defamation claims by former Executive Director of high-profile non-profit organization. Case involved complex issues concerning contract interpretation, libel and slander, and damages.
• Arbitrated claims of constructive discharge, breach of contract, and intentional interference with business relations brought by medical doctor against his practice group following a 17-year professional relationship. Case involved complicated issues regarding calculation of past and present economic damages following extensive testimony by experts.
• Arbitrated claims of breach of contract and wrongful termination brought by former Director of Programming and Operations for a radio station, involving issues of program ratings performance and managerial oversight of on-air radio personalities.
• Arbitrated breach of contract employment claim involving marketing industry employee claiming unpaid earnings and contractually provided severance pay.
• Arbitrated breach of employment contract, retaliation, tortious interference with business relationship, and defamation case brought by medical doctor against Medical Group. Case involved determination of a “fair procedure” issue, the application of the doctrine of “laches,” and the nature and extent of discretion of the Board of Directors of a health care organization.

Discrimination

• Arbitrated workplace retaliation claims brought under the Uniformed Services Employment and Re-Employment Rights Act (USERRA) and California Military and Veterans Code section 394 brought by a medical doctor following return to civilian service from reserve military unit activation and service in a war zone. Case involved complicated issues concerning staffing, scheduling, and clinic protocols.
• Successfully mediated COVID-related wrongful termination, and disability discrimination case involving a high-profile employer, with complex damages issues.
• Successfully mediated an employment termination case involving issues of religious accommodation and LGBTQ rights protected by California law.

Hostile Environment

• Arbitrated claims of constructive discharge, retaliation, and defamation by a health science employee claiming intolerable working conditions in a laboratory associated with actions involving patient informed consent and FDA protocols.

PAGA

• Settled PAGA action brought by representative plaintiff claiming Labor Code penalties for meal and rest period violations, including issues relating to “on-call” status and employer’s knowledge of employees’ non-compliance with company policies.
• PAGA wage and hour matter involving both union and non-union employees, in a manufacturing environment. Off-the-clock claims involving leads and non-exempt managers.
• Discovery referee services involving ESI data, social media document retrieval and review, and analysis of claims of privilege and privacy.
• Successfully mediated PAGA and individual claims in the residential care industry involving allegations of understaffing, document deficiencies, and related matters.
• Successfully mediated class action and PAGA matter in wage and hour case involving approximately 700 putative class member/delivery drivers. Case involved issues re joint employment, meal period waivers, and arbitration agreement enforceability.

Pregnancy Discrimination

• Settled gender and pregnancy discrimination, and FEHA retaliation case, involving highly compensated Digital Marketing Director. Involved defense issues concerning application of after-acquired evidence of misconduct and claim of resume fraud.

Sexual Harassment

• Settled sexual harassment, stalking, and constructive discharge case involving minor, who was employed at a restaurant chain and claimed inappropriate conduct, over a several month period, by immediate supervisor. Defendant claimed Plaintiff misrepresented her age, and that conduct was consensual and non-sexual. Plaintiff claimed damages involving depression, anxiety, and panic attacks.
• Settled sexual harassment, gender discrimination, and constructive discharge case involving restaurant employee claiming unwanted and aggressive physical and verbal conduct by co-owner.
• Arbitrated sexual harassment, assault and battery, and wrongful termination claims brought by a bartender against her former adult entertainment industry employer and one of its managers. Case involved issues of consent, hostile work environment, and determination of emotional distress and economic damages arising from the conduct.
• Mediated harassment, discrimination, and retaliation claims involving a high-earning salesperson and issues of performance, application of company policies, and pretext.

Wage and Hour Class Action

• Successfully mediated class and collective age discrimination claims being litigated in federal court against a national restaurant chain. Complex expert witness reports and COVID-19 industry impact issues involved.

Whistleblower Wrongful Term

• Settled whistleblower retaliation and wrongful termination in violation of public policy claim, and Labor Code wage and hours claims, involving retail manager’s termination following complaints of company failure to accurately pay wages. Involved issues concerning inside sales exemption and calculation of compensable time.
• Arbitrated whistleblower retaliation claims brought under federal law by airline employee against his labor union.
• Arbitrated claims of wrongful termination and whistleblower retaliation by a nursing educator claiming adverse actions by private institution were driven by the administration’s animus towards Claimant due to complaints about staffing and safety.
• Mediated and settled wrongful termination/whistleblower claims, and related causes of action. Matter settled on the verge of trial.

Wrongful Term & Discrimination

• Settled age discrimination, wrongful termination, and FEHA retaliation claims by 70-year old nursing instructor who claimed adverse actions taken by school following her prevention of improper medication dispensing by student. Plaintiff claimed school put enrollment/financial matters ahead of patient safety.
• Settled wrongful termination in violation of public policy claim and disability discrimination claim involving claim of retaliation following employee’s report to OSHA concerning matters relating to chemical handling and storage by employer. Employee also claimed violation of Labor Code section 1102.5. Matter also involved claim of employer refusal to accommodate work restrictions following carpal tunnel syndrome surgery.
• Arbitrated gender discrimination and wrongful termination in violation of California Health and Safety Code section 6310 claims brought by former Director/V.P. of Research and Development against an international chemical research center. Matter involved extensive testimony from research scientists concerning complex issues about laboratory health and safety, and product failure disclosure requirements.
• Successfully mediated COVID-19 termination/retaliation case in health care field involving an additional claim of misclassification.

Wrongful Termination

• Settled wage and hour, breach of contract, and retaliatory termination case involving commissions claimed by equipment sales manager who claimed termination was the result of his compensation complaints. Case involved over 70 sales transactions.
• Arbitrated wrongful termination, fraud, Labor Code, breach of contract, and California Business and Professions Code section 17200 et seq. claims brought by salesperson against computer software company. Case involved substantial questions regarding accrual and apportionment of commissions, stock option rights, determination of company performance under GAAP, and bonus calculations.
• Arbitrated claims of wrongful termination in violation of public policy, retaliation, Labor Code violations, and breach of contract against international company brought by a high-level manager who asserted whistleblower rights following complaints of financial misconduct.
• Long-term employee with medical disabilities that arise unpredictably; implicating issues regarding accommodation and job performance expectations

IP Trade Secrets

• Chaired 3-person arbitration panel in complex case involving trade secrets and unfair competition claims of employer against former employee, involving allegations of improper accessing and use of employer’s data base information. Former employee started own business in competition with Claimant-Employer.
• As part of 3-person panel, arbitrated breach of contract, unfair competition, and trade secret claims involving competitors in retail and online recreation industry.

Professional Malpractice Legal

• Successfully mediated multi-party, complex legal and accounting malpractice claims involving real estate issues.

Assault and Battery

• Arbitrated claims of assault, battery, and false imprisonment against manufacturing company by former employee.

Business Torts

• Successfully mediated dispute between homeowners and contractor regarding extensive home improvements, with resolution of complaint and cross-complaint involving allegations of fraud, breach of contract, and unjust enrichment.

PI Auto

• Settled auto accident personal injury case involving significant injuries and damages to HVAC technician driving for work. Case involved issues of exacerbation of prior condition, and timing and adequacy of medical care following accident.
• Mediated three-car accident/Uninsured Motorist case involving Plaintiff claims against UM driver and insured driver of a third car with issues of Workman Compensation lien reducing UM carrier's policy limits; and settlement with insured third party and division of proceeds; and settlement between plaintiff and UM carrier; and settlement of Workman Compensation claim including waiver of credit against future benefits.
• Successfully mediated a multi-party indemnity case involving automobile fire damages with complex issues of causation.