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Employment - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Employee vs. Independent Contractor
  • Defendant Health Insurance Company
  • Todd A. Roberts
  • The sales agents of a health insurance company claimed they were employees despite expressly agreeing they were independent contractors.

     

     

  • The case was successfully tried to a conclusion favorable to our client before the Unemployment Insurance Appeals Board.

  • Validity of Employment Contract
  • Arbitration
  • LLC
  • Julian Pardo de Zela
  • Represented a Limited Liability Corporation in an arbitration to determine the scope and validity of employment contracts involving a critically acclaimed motion picture.

     

  • An Arbitrator awarded the LLC with the rights to the copyrighted film.

  • Labor Code; Appeal
  • Worker’s Compensation Appeals Board
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented an employer in a Labor Code section 132(a) matter before the Worker’s Compensation Appeals Board. The claimant alleged she was terminated because of a disability arising from a work related injury.


     

  • The matter settled favorably for our client.

  • Race Discrimination; Sexual Harassment; Retaliation
  • USDC: Eastern District of California
  • Defendant Correctional Treatment Provider
  • David M. McLaughlin
  • Represented a national correctional facility treatment provider and operator in a race discrimination, sexual harassment and retaliation case.


     

  • The case successfully settled prior to trial.

  • Constructive Termination; Sexual Harassment; Sexual Assault
  • Santa Clara County Superior Court
  • Defendant Independent Contractor
  • David M. McLaughlin
  • Represented the defendant, an independent contractor, in a constructive termination, sexual harassment and sexual assault case involving judicial estoppel issues.

     

     

  • The key witness in the case committed suicide during discovery and the case resolved nominally thereafter in favor of our client.

  • Disability Discrimination; Wrongful Termination
  • Not Filed
  • Plaintiff President Pharmaceutical Company
  • David M. McLaughlin
  • Advised the president of a multi-billion dollar pharmaceutical company in a disability discrimination and wrongful termination action.

     

  • The case settled prior to the filing of a lawsuit.

  • Civil Rights; Discrimination; Wrongful Termination; Indian Preference Act
  • USDC: Northern District of California
  • Defendant Health Care Center
  • David M. McLaughlin
  • Represented an Indian health center in a civil rights, discrimination and wrongful termination action involving the Indian Preference Act.

     

  • The matter was resolved in mediation to our client’s satisfaction.

  • Employment; Sexual Orientation Discrimination; Hostile Work Environment
  • Alameda County Superior Court
  • Defendants Software Corporation & Individuals
  • Todd A. Roberts
  • Represented a software and data management corporation and individuals in a lawsuit filed by an employee alleging discrimination and hostile work environment based on sexual orientation. 

  • Obtained a settlement that was very favorable for our clients after discovery and internet research revealed information contradicting the plaintiff's contentions. We settled for approximately the amount of attorneys fees and costs.

  • Employment; Retaliation; Whistleblowing; Wrongful Termination; Breach of Contract
  • San Mateo County Superior Court
  • Plaintiff Start-Up Company
  • Todd A. Roberts
  • Represented the COO who transformed a small, private start-up medical device company to a wildly successful public corporation but was retaliated against by a founder for whistleblowing to protect corporate interests and wrongful termination.

  • The case settled prior to binding arbitration.

  • Employment; Age Discrimination; Wrongful Termination
  • Los Angeles County Superior Court
  • Defendant Music Corporation
  • Todd A. Roberts
  • Represented a large music corporation and individuals in an age discrimination and wrongful termination suit.

  • The case was settled after the defendants filed a summary judgment motion.

  • Discrimination, Harassment
  • Stanislaus County
  • Defendant City
  • The plaintiff sued our client, the City, because of alleged racial discrimination and harassment.  Plaintiff alleged that several racial comments were made toward him and that certain employees made him feel as if his life was threatened during his time working for the City.

  • The case settled the night before trial with a result favorable to our client. The plaintiff only received approximately one-fifth of the demanded $220,000 in damages.

  • Employment; Sexual Harassment, Hostile Work Environment
  • Alameda County Superior Court
  • Defendant Fast Food Entity
  • Todd A. Roberts
  • Represented a fast food entity in a sexual harassment claim filed by an employee who was a minor and alleged inappropriate sexual contact by a supervisor (that was caught on restaurant surveillance camera).

  • The case settled for approximately attorneys fees and costs. A job relocation was offered to the plaintiff.

  • Employment; Wrongful Termination; Whistleblower
  • JAMS Arbitration (San Mateo County Superior Court)
  • Defendant Chief Operating Officer
  • Todd A. Roberts
  • Represented the defendant, a chief operating officer of a publicly-traded company, in connection with allegations of wrongful termination of employment and retaliation.

  • Obtained a confidential settlement favorable for our client.

  • Union, Wrongful Termination
  • Stanislaus County
  • Defendant City
  • Represented the city in a suit against a claim for wrongful termination of a police officer. Due to the city’s employment policy, the plaintiff was automatically entitled to an appeal of his discharge.  The plaintiff demanded reinstatement and back pay.

  • In a binding arbitration, it was decided that the city’s decision to terminate the officer was proper. No damages were awarded to the plaintiff.

  • Wrongful Termination; Disability; Discrimination; FEHA
  • San Mateo County Superior Court
  • Defendant Packaging Company
  • Todd A. Roberts
  • Defended a worldwide packaging company against a complaint filed by a former employee alleging wrongful termination, disability discrimination, and FEHA-based causes of action.

     

  • Prevailed on a discovery motion with sanctions awarded. Settled at mediation for nominal amount.

  • Wrongful Termination
  • Alameda County Superior Court
  • Defendant Employer
  • Dennis J. Ward
  • The plaintiff, a regional sales manager, claimed he had been wrongfully terminated from his employment in violation of an implied contractual agreement. He had been employed for about 15 years by our client.

  • Obtained a defense verdict for our client.

  • Sexual Harassment
  • San Francisco County Superior Court; Hawaii Circuit Court
  • Worldwide Hotel Chain
  • Todd A. Roberts
  • Represented an international hotel chain in connection with allegations by their client relating to alleged inappropriate touching during spa treatment.

     

  • Successfully compelled dismissal of action in the San Francisco County Superior Court and awarded costs of suit.
     

  • Sexual Orientation; Disability; Discrimination; Harassment; Retaliation; Non-Profit; Employment
  • Department of Fair Employment and Housing (DFEH), Oakland
  • Defendant Non-Profit
  • David M. McLaughlin
  • Represented a social and political organization in achieving a historical settlement for a political and social change organization.  The lesbian African American Director of Operations and Administration brought a DFEH claim alleging sexual orientation and disability discrimination, harassment and retaliation.  She claimed that the Executive Director continuously asked her about her relationship with her lesbian African American administrative assistant, implying that they were having a romance.  The claimant was placed on administrative leave with an investigation pending.

  • At mediation, the respondent organization paid the claimant nothing ($0) and she resigned her position effective on the date of the mediation.  The parties agreed to a mutual release of all claims.

  • Union, Discipline
  • Stanislaus County
  • City
  • Advised our client, the city, on how to properly discipline police officer who failed to respond to a call.

     

  • The discipline against the officer resulted in a successful resolution of the issue.

  • Employment, Public Policy, Director Decisions
  • Defendant Corporation
  • Stephen J. Erigero
  • Currently defending a corporation in a suit in which the plaintiff alleges a cause of action based on alleged wrongful termination in violation of public policy. The plaintiff seeks damages for alleged unfair business practices by officers and directors of the corporate employer.

  • Employment; Wrongful Termination
  • Los Angeles County Superior Court
  • Defendant Telecommunications Provider
  • Stephen J. Erigero
  • Currently defending a telecommunications provider in an action for wrongful termination by an employee shareholder. The terminated employee brings additional claims against the officers and directors based on the decision and the procedure that was used to terminate.

  • Race Discrimination; Sex Discrimination; Employment Termination
  • Defendant Non-Profit Company
  • David M. McLaughlin
  • Represented a non-profit company in a race and sex discrimination claim arising from employment termination.

  • The case settled favorably for our client.

  • Unruh Act Violations
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • David M. McLaughlin
  • Represented a Four Points by Sheraton Hotel and Suites property in South San Francisco. After his stay, a wheel chair bound disabled person sued the hotel for 19 Unruh Act Violations, treble damages/penalties and attorney fees, claiming denial of full and equal access to the facilities.

     

  • The case settled for $8,000 plus an agreed remediation plan, which was about half of the original demand.

  • Sexual Harassment; Hostile Work Environment; Gender Discrimination
  • USDC: Central District of California
  • Defendant International Wallcovering Company
  • David M. McLaughlin
  • Represented the defendant, an international wallcovering company, in an action alleging sexual harassment, hostile work environment and gender discrimination.

     

  • The matter was resolved in a successful settlement.

  • Sexual Harassment; Hostile Work Environment
  • Santa Clara County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented the defendant, a national hotel chain, in a sexual harassment and hostile work environment action with alleged supervisor liability.

     

  • The case was resolved in a successful settlement.

  • Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA
  • San Mateo County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff’s termination.


     

  • Successfully settled for our client.

  • Gender Discrimination; Wrongful Termination
  • USDC: District of Arizona
  • Defendant Hotel Management Company
  • David M. McLaughlin
  • Represented the defendant, a hotel management company, in a gender discrimination and wrongful termination case.

  • The case settled with summary judgment pending.

     

  • FEHA; Labor Commission; Wrongful Termination; Race Discrimination; Unpaid Vacation
  • San Mateo County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented a national hotel chain in a FEHA and Labor Commission and Department of Industrial Relations claim for wrongful termination based on race discrimination and unpaid vacation pay and overtime wages.


     

  • The matter settled, a favorable result for our client.

  • Wrongful Termination
  • USDC: District of Arizona
  • Defendant Resort Hotel
  • David M. McLaughlin
  • Represented our client, a resort hotel, in a wrongful termination action in violation of public policy alleged by a food and beverage director employee of the hotel.

     

  • The matter was resolved and dismissed.

  • Wrongful Termination; Election Code
  • Los Angeles County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented a Los Angeles airport hotel, which was part of a national hotel chain, in an action involving wrongful termination in violation of public policy alleged in the context of Election Code violations, and a Petition for Referendum to repeal a local ordinance pertaining to hotel transient occupancy taxes.

  • After an eleven day deposition of the plaintiff, the case resolved for a nominal amount.

  • Wrongful Termination; Sexual Assault
  • San Francisco County Superior Court
  • Defendant Car Dealership
  • David M. McLaughlin
  • Represented a car dealership in a wrongful termination action alleging a violation of public policy. The plaintiff claimed to be a whistleblower.


     

  • The case ended in a successful settlement ten days before trial after a co-employee claimed that the plaintiff sexually assaulted her.

  • Assault; Battery
  • Santa Clara County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • Represented a national hotel chain wherein a defendant employee demonstrated a fighting move on a co-employee, the plaintiff, and fractured his neck. The plaintiff asserted a claim for assault and battery and respondent superior liability against the employer alleging that it knew the defendant employee had a propensity for violence, and the employer ratified such behavior.

     

  • The plaintiff claimed that the case fell outside the worker’s compensation exclusive remedy (serious and willful allegations eventually were dismissed).

  • Sexual Harassment
  • USDC: Northern District of California
  • Defendant Pharmacology Vigilance Company
  • David M. McLaughlin
  • Defended a Pharmacology vigilance company in a case in which the CFO had an intimate and sexual relationship with a business development subordinate. She sued for sexual harassment.

  • The case resolved the day before the plaintiff's deposition for a nominal amount.

  • Restaurant; Wage and Hour; Overtime; Minimum Wage; FLSA; Wages
  • Restaurant
  • Represented numerous restaurants in the metro area in the defense of class action and individual litigation brought by current and former employees for unpaid wages, overtime, spread of hours and tips under federal and state labor laws.

  • IT; Technology; Computers; Business;
  • Information Technology Company
  • Represented international IT company in connection with all contractual matters, including establishing foreign entities, licensing, reselling, employment of executives, and engagement of independent contractors.

  • airline; discrimination; private; harassment; Title VII; age; race
  • Eastern District of New York
  • Private Airline Company
  • Represented private airline company in connection with a race and age discrimination lawsuit brought by former pilot.

  • Fashion; Fitness; Retail; Employment; Hiring
  • Fashion Apparel Company
  • Represented global fashion and athletic apparel company in connection with the hiring of an executive who worked for a competitor and needed to negotiate certain non-competition and non-solicitation restrictions with the prior employer.

  • Discrimination; Harassment; Title VII; EEOC; Civil Rights
  • Represented national retail store chain in the defense of employment claims for harassment, discrimination and alleged violations of other employment laws brought before both federal and state administrative agencies.

  • Appeal; Judgment Notwithstanding the Verdict; Employment Law; Punitive Damages
  • San Mateo County Superior Court, California Court of Appeal
  • Defendant Employer
  • Susan H. Handelman
  • Represented the defendant after a jury awarded the plaintiff, the client’s employee, over $1 million in damages. The plaintiff sued the defendant due to a breached I.O.U. for $75,000 owed in back commission.  Post-trial motions to amend judgment, motions for new trial and motions for judgment notwithstanding the verdict were filed by our firm, eliciting rulings from the trial court that eliminated two-thirds of the damages awarded.  Because of these motions, the plaintiff was forced to appeal.

  • Due to the protective cross-appeal obtained for the client, the Court of Appeal affirmed the trial court’s reductions in damages and struck additional damages from the previous judgment.  The client was only forced to pay the plaintiff for the cost of the I.O.U., a proper and dramatically reduced outcome for the lawsuit.

  • Primary Right, Statute of Limitations, Legal Malpractice
  • Santa Barbara County, Anacapa
  • Attorney and Law Firm
  • Pascale Gagnon, Susan H. Handelman
  • Plaintiff sued the attorneys having represented her in workers' compensation matters with her past employee for legal malpractice, amongst others.  She contended that they had not secured her the best settlement possible and had agreed to terms with regard to the handling of the settlement funds (trust) that were not in her best interest and leading to her not having free access to the settlement funds -- which were not proper compensation.

  • The action was dismissed at the pleading stage - following three demurrers based on the primary right doctrine applied in relation to the statute of limitation defense.  Plaintiff appealed the dismissal and the appeal affirmed the trial court's decision.  

  • Disability insurance; judicial estoppel, fraud, discrimination, retaliation
  • USDC: Central District of California
  • insurance company
  • Pamela E. Cogan (Retired), Stacy Monahan Tucker
  • Plaintiff was a bank associate  at Wells Fargo who made a claim for disability benefits almost a year after being terminated from her position.  She refused to state the basis for her termination and simply stated that she began treatment for depression two weeks prior to her termination, and was disabled from that time forward.  Liberty Life investigated the claim and determined plaintiff was not disabled from her own job or any other job, and upheld its decision on appeal.  Plaintiff then sued under ERISA for denial of insurance benefits.

  • The court granted Liberty Life’s motion for summary judgment on the basis of judicial estoppel and dismissed the case with prejudice.  Where plaintiff had previously alleged in another court action against her employer that she was discriminated against for her national origin and terminated from her job pretextually after complaining, she was judicially estopped from later alleging that she was disabled from her job at the time of her termination.  The court dismissed the action with prejudice.

  • Sexual Harassment
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • David M. McLaughlin
  • Represented a national hotel chain in an action brought by two cooks working in South San Francisco alleging sexual harassment by an independent contractor.

  • The case settled before trial to the satisfaction of our client.

  • Massachusetts Federal Court
  • Wrongful Termination
  • Lita M. Verrier
  • Defendant relative to alleged breach of his confidentiality and inventions assignment agreement with his former employer. It involved complex legal issues including patent assignment, joint ownership of patents, definitions of “confidential information,” choice of law provisions (California v. Massachusetts) and procedural issues. 

  • After a two week trial, we prevailed on three of five claims and the client and his new employer continues to use our services.

  • Wrongful Termination
  • Lita M. Verrier
  • Wrongful termination case (disability) filed with MCAD (Massachusetts Commission Against Discrimination).

  • Defensed at early stages of hearing.