Employment

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.

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 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.

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.

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.

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 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.

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

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, 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.

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 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 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 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.

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.

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.