Effective California Mediator

Case Results: Employment

Former employee brought action for HARASSMENT, HOSTILE

Former employee brought action for HARASSMENT, HOSTILE WORK ENVIRONMENT AND RETALIATION after she was laid off from employment in sales. Company claimed layoff was related to COVID PANDEMIC shut down and denied existence of workplace harassment.

Mediated BREACH OF CONTRACT case in which

Mediated BREACH OF CONTRACT case in which employment agency claimed damages against hospital for TERMINATION OF AGENCY RELATIONSHIP without due cause. The disputed claim centered on question of hospital’s ability to cancel contract at will. Case settled on day of trial.

Plaintiff brought a claim for RETALIATION and

Plaintiff brought a claim for RETALIATION and failure to provide a safe working environment after being attacked by a patient in a SKILLED NURSING FACILITY where she worked as a nurse. Plaintiff had previously settled a workers’ compensation case against her employer, and now brought a claim against another entity that had a consulting relationship with the former employer. Issues resolved at mediation included potential liability of the consultant defendant, reasonableness of the ACCOMMODATIONS given to plaintiff and effect of plaintiff’s resignation on the value of the case.

Plaintiff claimed WRONGFUL TERMINATION and FAILURE TO

Plaintiff claimed WRONGFUL TERMINATION and FAILURE TO ACCOMMODATE for his DISABILITY. Plaintiff was terminated after 20 years of employment when defendant claimed he refused to take a random drug test as required by the terms of his contract. Plaintiff alleged that he did not refuse, but rather was unable to perform the requested test, due to a physical disability. Issues centered around the nature of accommodations already provided, and the employer’s duty with respect to providing a REASONABLE ACCOMMODATION.

Settled case by former employee of HOTEL

Settled case by former employee of HOTEL HOSPITALITY COMPANY for claims of WRONGFUL TERMINATION, DISCRIMINATION, and FAILURE TO ENGAGE in the interactive process, after employee became ill and disabled from continuing in his current position. Employer asserted that employee was never eligible to resume work, and that a permanent leave is not a REASONABLE ACCOMMODATION.

Settled case by former employee of major

Settled case by former employee of major HEALTH CARE FACILITY for claims of RETALIATION after employee was injured and pursued claim under WORKERS’ COMPENSATION system. Employer claimed that employee voluntarily resigned, and that his injury and subsequent workers’ compensation claim were unrelated to the TERMINATION of his employment.

Settled high conflict case with allegations of

Settled high conflict case with allegations of SEXUAL HARASSMENT, ELDER FINANCIAL ABUSE and BREACH OF EMPLOYMENT CONTRACT involving HOME CARE WORKER and employer. Issues involved difficulty in characterizing the multi dimensional relationship between the parties, and whether labor laws applied and were breached.

Settled WORKPLACE SEXUAL HARASSMENT claim by young

Settled WORKPLACE SEXUAL HARASSMENT claim by young employee who alleged inappropriate conduct by direct MANAGER. Employer claimed it acted appropriately and terminated manager once circumstances were reported by employee. Damages were claimed for EMPLOYEE’S EMOTIONAL DISTRESS.

Settled WRONGFUL TERMINATION case brought by ex-employee

Settled WRONGFUL TERMINATION case brought by ex-employee who alleged that termination was in retaliation for having filed a claim for HARRASSMENT by employer. Employee was HIGHLY EMOTIONAL and distraught by the litigation.

DEFAMATION CLAIM by former employee against employer

DEFAMATION CLAIM by former employee against employer for negative statements made in context of termination of employment. Claim included discussion of whether there had been a compulsory republication of the negative statements, and what the proper measure of damages was for the claimant.

Employment action by former employee alleging sexual

Employment action by former employee alleging sexual harassment and discrimination under the FEHA. Plaintiff claimed that co-worker assaulted her, and that employer failed to take action to prevent abusive behavior. Negligent hiring and retention of the co-worker were also alleged.

Employment case in which plaintiff claimed that

Employment case in which plaintiff claimed that he was not fully and adequately paid for his work. He was a salesperson, and his income was based on COMMISSIONS He claimed that his prior employer manipulated the profit structure to pay him less than he was owed. He also claimed failure to reimburse for OUT-OF-POCKET EXPENSES and violations of MEAL AND REST BREAKS.