Effective California Mediator

Case Results: Employment

WAGE AND HOUR claim by former employee

WAGE AND HOUR claim by former employee alleging failure to provide for MEAL AND REST BREAKS. Employee also alleged improper calculation of OVERTIME and sought penalties and attorneys’ fees.

WAGE AND HOUR CLASS ACTION brought by

WAGE AND HOUR CLASS ACTION brought by representative plaintiff against former employer for alleged labor code violations of meal, break time and off the clock work. Matter settled before class certification.

WRONGFUL TERMINATION action based on AGE DISCRIMINATION,

WRONGFUL TERMINATION action based on AGE DISCRIMINATION, in which former employee who worked as an insulation installer was terminated after eight months of employment. Issues involved whether reasons given for termination were PRETEXTUAL and whether employee was adequately COUNSELED about job performance.

WRONGFUL TERMINATION AND DISABILITY DISCRIMINATION action by

WRONGFUL TERMINATION AND DISABILITY DISCRIMINATION action by former construction worker against employer. Worker sustained injury which employer claimed he failed to promptly report. Worker alleged that the injury was reported and that the employer failed to offer a REASONABLE ACCOMODATION for his condition. Worker was terminated after slowdown in business, which worker claimed was RETALIATORY, but which employer claimed was for economic reasons.

WRONGFUL TERMINATION matter in which employee claimed

WRONGFUL TERMINATION matter in which employee claimed that he was terminated for having exercised his right to take unpaid parental leave, whereas employer claimed his termination was for valid business reasons.

SEXUAL HARASSMENT claim by employee for inappropriate

SEXUAL HARASSMENT claim by employee for inappropriate conduct by co-worker and inadequate investigation of such conduct by employer. Employee claimed that she was required to change her schedule and job description, whereas co-worker suffered no adverse consequences as a result of the INAPPROPRIATE CONDUCT.

SEXUAL HARASSMENT claimed by former employee who

SEXUAL HARASSMENT claimed by former employee who resigned after long term employment. Employer claimed that employee/office manager had wrongfully overpaid herself wages over the course of the years of employment. Claim included FEHA violations and potential attorney’s fee award.

SEXUAL HARRASMENT case in which plaintiff claimed

SEXUAL HARRASMENT case in which plaintiff claimed that she was demoted and eventually pushed from her job after she had a sexual relationship with the CEO of the company. Defendant claimed that the relationship was consensual, and that any employment consequences were not related to the relationship.

Employment case in which plaintiff claimed WAGE

Employment case in which plaintiff claimed WAGE AND HOUR violations, as well as WRONGFUL TERMINATION DUE TO PREGNANCY. Plaintiff had worked for restaurant for six months, and alleged she was summarily dismissed when her employers learned she was pregnant. Plaintiff claimed damages for emotional distress as a result of the termination. Case settled several months before trial.

EMPLOYMENT DISPUTE under LABOR CODE SECTION 2802

EMPLOYMENT DISPUTE under LABOR CODE SECTION 2802 in which former employee sought reimbursement of attorneys’ fees and expenses incurred in defense of an action brought by third party based on allegations of misconduct while in COURSE AND SCOPE of former employment. Employer disputed that underlying action derived from conduct within course and scope of employment. Plaintiff also asserted various WAGE AND HOUR and MISCLASSIFICATION issues.

EMPLOYMENT WAGE AND HOUR case in which

EMPLOYMENT WAGE AND HOUR case in which employee claimed misclassification as “exempt” employee. Claimant sought recovery of unpaid overtime, plus penalties and fees.

Employment, WRONGFUL TERMINATION PRE-LITIGATION CLAIM brought by

Employment, WRONGFUL TERMINATION PRE-LITIGATION CLAIM brought by SAME SEX COUPLE alleging they were both terminated from employment for unlawful reasons. Employer claimed that employees voluntarily terminated, or that, in any event, LEGITIMATE, NON DISCRIMINATORY REASONS existed for the severance from employment. Matter settled before Federal Court action filed.