Insurance Coverage Related Matters

The following summaries are cases handled by PL personnel. They are provided to give you a basic understanding of the kinds of cases our personnel have been comfortable with handling in the past, and the results achieved for these former clients. Please understand that we cannot make any guarantees about how your matter may turn out, and the similarity between the facts of your matter and any of these summaries does not mean you will get the same result. All litigation is very fact-specific, and the facts of your case will dictate the results that can be achieved.

Employment Litigation

An individual employee vs. former employer. An arbitration with a JAMS Los Angeles venue.

Client was subjected to significant, long term sexual harassment in a hostile work environment, and for some time, complained to her superiors with no effect. Eventually, she made a formal complaint, and her employer promised the harassment would stop with no retaliation. Client then faced significant retaliatory conduct including cold shouldering by her superior, and eventually termination. Client sued the employer for sexual harassment in violation of FEHA, and wrongful termination in violation of public policy and after a 27-day arbitration, the arbitrator awarded plaintiff financial damages of $440,000, emotional distress damages of $300,000, attorneys fees, and costs. While the $1.1 million fee application was pending, the case settled for an amount that must remain confidential pursuant to agreement.

Burnley v. American Building Supply, Inc., Arbitrated with JAMS, San Bernardino.

Client truck driver was subjected to severe workplace discrimination based solely on the fact that he was black. He endured racial slurs and unfair treatment in the assignment of jobs and trucks, and after arbitration was awarded $75,000 in emotional distress damages. The matter then settled shortly thereafter for more than $150,000 while a motion for attorney fees was pending.

Individual vs. former employer, Los Angeles Superior Court

The client was a director-level employee of a large national corporation. He became very ill due to a medical condition that required some time off. He was eventually given a release to return to work, with the only restriction being that he needed to treat his condition in the evenings for eight hours while he slept. His return to work date and minor restriction was communicated to his supervisor and an HR representative about two weeks before the return date. He then received a termination notice claiming he had exceeded his FMLA leave time. His return date was set to be just a few days after the end of that deadline. After filing the lawsuit claiming a violation of the Fair Employment and Housing Act, the case settled for $675,000.

The client was a long-time employee of a large California company. The lawsuit alleged that she had been turned down for promotions and other advancement because she was being retaliated against for reporting a hostile work environment associated with her sexual orientation. The case settled for an amount that is to remain confidential according to the terms of the settlement agreement.

Individual employee vs. former employer, Los Angeles Superior Court

Client was injured on the job and filed for worker's compensation benefits. Upon her recovery, client's doctor released client back to work with minor restrictions. However, employer refused to place the client back into the workplace and refused to engage in any interactive discussion regarding accommodation of client's minor restrictions. Client was terminated. After significant litigation, the matter settled for an amount that is to remain confidential.

Several individual employees vs. Orange County Employer, Orange County Superior Court

Clients all worked for a long-established Orange County employer. None were paid overtime, or given the proper meal breaks or rest periods required by California law. This multi-client lawsuit resulted in a large six-figure settlement with the employer.

Individual employee vs. former employer, San Bernardino Superior Court

Client was injured on the job, requiring time off and worker’s compensation system relief. Upon recuperation from the surgery required by the injury, client’s doctor released him back to work with minor restrictions. However, employer refused to place the client back into the workplace and refused to engage in any interactive discussion regarding accommodation of client’s minor restrictions. Client was not officially terminated, but instead was left in a form of “limbo” for over a year while the employer refused to allow him back into the workplace. After significant litigation, the matter settled for an amount that must remain confidential.

Individual employee vs. former employer, Orange County Superior Court

Client was laborer working for small service company. Employer failed to pay overtime and minimum wages required by law. The Department of Labor did an audit and forced the employer to pay money to the employees to make up for wages that should have been paid. When the check was received by the employee, employer demanded that employee return the money to the employer, even though it had been ordered by the Department of Labor to pay the money. When employee refused, employee was fired. Case settled on the first day of trial in an amount that must remain confidential.

Individual employee vs. former employer, San Bernardino Superior Court

Client was employed by a small inland empire manufacturing company. Over a two year period, the employer gave employee dozens of paychecks that bounced. Frustrated with the financial and emotional turmoil this was causing client and his family, he gave the employer an ultimatum. Employer responded, “If you don’t like it, there’s the door.” Client quit, hired the firm, and filed litigation. The matter concluded with a judgment against employer in excess of $270,000, representing everything requested, including financial losses, emotional distress, and attorney fees.

Individual Corporate Counsel vs. Her Former Employer. San Diego County.

Client was an in-house attorney for a San Diego County service company. She was terminated after making numerous attempts to have her company comply with important Labor Code provisions. Client asserted retaliatory termination in violation of public policy. After significant negotiation, the firm was able to negotiate a settlement of the prospective litigation without the need for filing the lawsuit. The settlement amount is confidential.

Individual Administrative Manager vs. Her Former Employer. Orange County Superior Court.

Client was an administrative manager who endured significant racial and gender discrimination in the workplace, as well as unlawful verbal abuse as a result of her complaints. Such treatment ultimately led to a physical breakdown and resulted in her termination by the employer. After significant litigation, a confidential settlement was reached.

Clothing Retailer vs. Former Employee, Riverside Superior Court.

Client was a small business owner sued by a former employee claiming gender and disability discrimination. After some litigation, a settlement reflecting the mere cost of defense was achieved.