Polina Bernstein, Esq.

Construction Defects

• Litigated a dispute between neighbors related to property damages caused by overgrowth of tree roots.
• Litigated a dispute related to allegedly defective materials used in pool decking.

Breach of Contract

• Mediated a breach of contract matter involving claims that substantial severance was owed under the terms of an employment agreement because the termination was allegedly without cause and because the terms of contract that set out how to properly effectuate a termination with cause were allegedly not followed.
• Litigated a case involving a breach of contract claim arising out of employer’s alleged failure to pay commissions due to employee post-separation, with wage and hour claims related to employer’s alleged misclassification of employee as exempt from overtime
• Litigated a case involving a retaliation and breach of contract claim on behalf of employee who alleged he was denied severance pay set forth in employment agreement after being terminated for complaining about his boss’s alleged sexist and sexually inappropriate behavior.

Disability

• Mediated a disability discrimination, failure to accommodate and retaliation matter involving an employee who worked for a public entity employer stemming from a workplace injury and internal EEO complaint.
• Litigated a wrongful termination lawsuit arising out of hospital employee’s termination while on cancer-related medical leave of absence with wage and hour claims related to alleged noncompliant meal breaks.
• Litigated a disability discrimination and whistleblower lawsuit by former employee who alleged she was terminated after requesting medical treatment for a work-related injury and implementation of safety precautions, with wage and hour claims related to alleged noncompliant meal and rest breaks.
• Litigated a lawsuit for discrimination, retaliation, and wrongful termination by employee who alleged she was injured on the job, demoted after returning from the related medical leave, and terminated immediately after disclosing to employer that she would need time off for surgery.
• Litigated a disability discrimination lawsuit by former employee who alleged he was terminated after disclosing a mental health disability and requesting time off for medical appointments.
• Litigated a case involving disability discrimination and related claims by former employee with 10 years of tenure whose job was given to someone else while she was on medical leave for several months.
• Litigated a case involving a disability discrimination claim arising out of employer rescinding offer of employment due to employee’s disability causing issues on a drug test.
• Litigated a case involving discrimination and retaliation claims brought by a former project manager who alleged she was removed from a project after notifying employer of need for medical leave and terminated.

Discrimination

• Mediated a gender discrimination case in which the employee claimed that lower performing male employees remained employed while she lost her job during a reorganization.
• Litigated a case involving discrimination and retaliation claims brought by female employee who alleged she was terminated in retaliation for complaining about her supervisor’s gender-based discrimination against her.
• Litigated a case involving gender and marital status discrimination claims in a breach of contract case arising out of medical practice rescinding job offer made to doctor.
• Litigated a trial on national original discrimination and other claims alleged by an employee who was a different national origin than the company ownership.
• Litigated a case involving discrimination and wrongful termination claims asserted by executive of a Korean company who alleged he was discriminated against due to management’s bias against non-Korean employees.

Pregnancy Discrimination

• Litigated a wrongful termination lawsuit arising out of discrimination and retaliation against employee who alleged she was fired after disclosing her pregnancy and a related medical condition and attempted to exercise her FEHA rights, with wage and hour claims related to employer’s alleged misclassification of employee as exempt from overtime.
• Litigated a wrongful termination lawsuit brought by longtime employee of broadcasting company who alleged she was fired after disclosing her pregnancy to management, with wage and hour claims related to employer’s alleged misclassification of employee as exempt from overtime.
• Litigated a case involving claims for wrongful termination and breach of contract arising out of employee’s allegations that employer promised to return employee to her prior role while on baby bonding leave and then terminated her one week before her scheduled return to work date.

Sexual Harassment

• Litigated a wrongful termination lawsuit by a restaurant server who alleged she was subjected to sexual harassment and retaliation for reporting the harassment.
• Litigated a constructive discharge and sexual harassment/assault lawsuit brought by employee who alleged she was the victim of a sexual assault by a supervisor.
• Litigated a case involving constructive termination and sexual harassment claims brought on behalf of employee who alleged she was sexually assaulted after a company-sponsored event where unlimited alcohol was provided.
• Litigated a case involving a sexual harassment claim brought by employee who alleged years of unwanted advances from company owner.

Wage and Hour

• Mediated a case in which a security guard for a security company alleged he was misclassified as an independent contractor and was not compensated for all hours worked, including overtime.
• Mediated unpaid overtime and meal and rest break and related claims brought by safety officer against a school district.
• Mediated a case in which a security guard alleged that he was unable to take meal and rest breaks, not allowed to leave the work site for breaks, and owed overtime because he was not paid for daily overtime and only paid overtime when working more than 40 hours per week.
• Litigated a trial on wage and hour misclassification case brought by a mechanic.
• Litigated a trial on wage and hour claims for misclassification by an IT professional.
• Litigated a lawsuit arising out of employer’s alleged failure to pay employee as promised for piece-rate work and failure to compensate employee for nonproductive time, with related alleged wage and hour and PAGA claims.
• Litigated a case involving wage and hour claims brought by employee of start-up organization who alleged extensive unpaid hours in return for promises of partnership within the company.
• Litigated a case involving wage and hour claims brought by job applicant who alleged he was required to perform unpaid work for company as part of a prolonged interview process.
• Litigated a case involving wage and hour claims brought by an assistant manager of a restaurant who alleged she was misclassified as an exempt employee.
• Litigated a case involving unpaid overtime and break claims by a private school employee who claimed she was misclassified as an exempt employee.

Wage and Hour Class Action

• Litigated a class action by sales workers stemming from claims of unpaid wages for training and travel time.
• Litigated a class action by senior living facility employees for overtime and related claims due to alleged misclassification as exempt workers.
• Litigated a class action by assistant managers of home improvement retailer for overtime and missed breaks due to alleged misclassification as exempt workers.
• Litigated a class action by store managers of telecommunications company for alleged overtime and missed breaks.

Wrongful Termination

• Mediated a retaliation case brought by an employee of a medical practice employer who alleged he was fired for refusing to provide medical advice as part of a social marketing campaign and after complaining about being denied proper safety equipment and training.
• Mediated a retaliation matter in which the employee alleged he was let go after his new employer learned he had participated in a wage and hour lawsuit against a prior employer, whereas the employer claimed the employee was let go for policy violations.
• Litigated a case involving retaliation claims brought by longtime medical office worker who alleged that she was misclassified as an independent contractor and fired in retaliation for requesting to be classified as a W-2 employee.
• Litigated a retaliation lawsuit brought by longtime employee who alleged he was terminated after refusing to participate in alleged fraudulent, dishonest business practices and because of discrimination against him on account of his disability.
• Litigated a case involving retaliation claims brought by a charter school teacher who alleged he was fired after for advocating for special needs students and alerting school to compliance issues with special education laws.
• Litigated a case involving retaliatory discharge claims brought by former employee who alleged he was fired after making a complaint that the employer was making material misrepresentations to clients.
• Litigated a retaliation lawsuit arising out of employee’s allegation that he was terminated after requesting to be paid overtime wages.
• Litigated a multi-plaintiff retaliation lawsuit brought by former employees who alleged they refused to sign a settlement agreement releasing all claims against employer after each of them told the employer they were owed overtime while allegedly being misclassified as independent contractors.
• Litigated a case involving a retaliatory discharge claim brought by former employee who claimed he was terminated in retaliation for expressing concerns about issues with legal compliance with environmental laws that he discovered in the course of performing his job duties.
• Litigated a case involving claims asserted by an employee who alleged he was terminated in retaliation for complaining about coworkers engaging in commissions fraud and alleged retaliation for reporting commissions fraud.

PI Auto

• Litigated multiple settlements of cases involving injuries from car accidents.