EMPLOYMENT MEDIATION SERVICES

EMPLOYMENT LAW 2017-04-10T10:26:35+00:00

Employment law is an expanding area of concern for both employers and employees because often current, and former employees are upset when an employer acts in a manner that is perceived as unfair. Both California and federal laws cover virtually every aspect of the employee-employer relationship and often disputes over employment end up in the court system. That’s a very expensive and time-consuming way to resolve disagreements.

Over the years employers have become much more concerned about their costs, and many have no qualms about letting workers go when they think it will result in better profitability. As traditional loyalties by employers to employees have decreased, employees no longer see work as a place where they will spend their entire career even if they wanted to. One employer leads to another and another. This makes today’s workers more likely to sue employers because those relationships aren’t valued as much as they used to be.

Mediation of employment law disputes can bring closure to a case faster and at much less expense in time, energy and money than litigation. To employers, the cost of litigation can be extremely burdensome, and for employees, the difficulty of litigation can be overwhelming.

  • Instead of rolling the dice with an outcome determined by a judge or jury, both sides can benefit from the certainty a mediated settlement can bring.
  • With mediation, both sides have control over the outcome instead of giving that control over to others.

In most employment cases the plaintiff no longer works for the employer or the employer may see the plaintiff as someone they would prefer not to have in the workforce but won’t terminate the employment in fear of retaliation claims. Through mediation, an employer may be able to negotiate a settlement on legal claims and include an agreement where the plaintiff leaves the employer with both sides agreeing not to disparage the other.

In other cases, despite his or her legal claims the plaintiff is still employed. If there is good will between the parties, a mediated settlement could create an opportunity for a valued employee to stay on, avoiding what could have been highly emotional and divisive litigation.

Steve Mehta mediates employment law disputes so both sides can reach fair settlements and move on to other matters. Business managers and owners need not spend time and energy dealing with legal claims and plaintiffs can move on with their lives. Mr. Mehta mediates all types of employment cases including misclassification, wage and hour, discrimination, harassment, class actions, whistleblower, wrongful termination and contract disputes.

Examples of cases mediated by Mr. Mehta are as follows:

  • Both of the plaintiffs were hired to work at the defendant’s facility. After a year and a half, one of the plaintiffs disclosed that she was pregnant and within weeks she saw her hours reduced and was ultimately terminated. She believed she was subjected to discrimination due to her disclosed information. Her partner was also terminated after alleging complaints regarding the alleged labor code violation.
  • Plaintiff worked as a sales manager for the defendants for almost a year. Although the plaintiff had the title of sales manager, the plaintiff states his duties primarily involved manual labor and menial tasks. The plaintiff states he was misclassified as an exempt employee thereby denying the plaintiff proper overtime wages.
  • The plaintiff alleged unlawful retaliation and wrongful termination in violation of public policy. The plaintiff was apparently misclassified as an independent contractor and then again as an exempt employee who was not paid overtime.
  • The plaintiff filed a complaint against their employer for battery, sexual battery, sex discrimination, sexual harassment, meal-break penalty and violations of the Labor Code. Plaintiff was a maintenance supervisor for two facilities owned by the defendant.  Plaintiff filed a worker’s comp claim for emotional abuse and was off work and receiving treatment and medication for several months.  The plaintiff did not return to work.
  • The plaintiff worked for the defendants for over 10 years eventually being moved up in the company. The plaintiff alleges that throughout the time she worked for the defendants she did not receive proper meal or rest breaks. The plaintiff alleges she was forced to sign documents in English which the plaintiff did not understand. The plaintiff also states that the supervisor made negative, derogatory remarks often about the plaintiff’s age. The plaintiff was later terminated and then sued for wrongful termination.
  • Plaintiff began work with the defendants in 2006. In 2015 the plaintiff was diagnosed with esophageal cancer. The plaintiff was approved to take up to 12 work weeks leave of absence for this medical condition. Plaintiff was terminated on the grounds that the plaintiff had exhausted their FMLA/CFRA medical leave and the company could not hold the plaintiff’s position beyond the 12 work weeks. Plaintiff claimed wrongful termination.

Steve Mehta mediates employment law disputes so both sides can reach fair settlements and move on to other matters. Business managers and owners need not spend time and energy dealing with legal claims and plaintiffs can move on with their lives. Any type of employment case could be mediated including misclassification, wage and hour, discrimination, harassment, whistleblower, wrongful termination and contract disputes.

If your client is involved in employment litigation and you believe an option worth exploring is a settlement reached with the help of an independent, professional mediator who can get parties past their differences contact our office today.

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