• Action by executive in automobile industry alleging retaliatory termination after disclosure of unlawful activity.

  • Action by bartender, alleging that private club constructively terminated by failing to take action against club member who made repeated disparaging comments regarding plaintiff’s perceived sexual orientation. Defendant denied that club member made disparaging comments and alleged that plaintiff quit (1) because he had another job lined up, and (2) to avoid having his wages garnished to satisfy child support obligations. Resolved at mediation.

  • ​Action by Vice President of Marketing and Development, alleging that former employer, a start-up in the technology industry, failed to pay him all earned commissions, terminated him in retaliation for complaints regarding unpaid commissions and alleged corporate governance issues, and failed to allow him to exercise stock options post-termination. The defendant alleged that: it paid all earned commissions; alleged corporate governance issues did not exist; it terminated the plaintiff for performance issues; and plaintiff failed to exercise options in a timely manner. Resolved at mediation.

  • Action by former employee of auto dealership, alleging that the dealership terminated her after she complained – internally and to Cal/OSHA – about allegedly unsafe conditions at the employer’s facility. The employer alleged that the plaintiff did not complain internally regarding such conditions, that it did not know that she had complained to Cal/OSHA because the complaint was anonymous, and that it terminated the plaintiff because of documented poor performance and repeated violations of the employer’s policies. Resolved at mediation.

  • Action by a management-level car dealership employee, alleging that ownership falsified sales and expense data to deprive him of incentive compensation tied to the dealership’s profitability. The plaintiff also alleged that the dealership terminated him after he complained that the data appeared to be falsified. The defendant denied that the plaintiff complained regarding its financial reporting and alleged that it did not earn profits during the plaintiff’s employment and did not owe the plaintiff any incentive compensation. The defendant also alleged that it terminated the plaintiff because the dealership was performing poorly, and the defendant needed to cut costs. Resolved on a mediator’s proposal after mediation.

Steven G. Pearl is a full-time mediator with ADR Services, Inc. He mediates all types of employment law disputes, including discrimination, harassment, and retaliation cases and individual and class action wage and hour cases.  He is available throughout California.  

​​​​​​Steven G. ​Pearl,  Esq.​​

 

​​Case Summaries:

Retaliation