Hon. David H. Brickner (Ret.)

T: 714-939-1300
F: 714-939-8710
Employment

In his 20 years on the bench and after handling over 400 mediations and arbitrations, Judge Brickner has tried, settled, mediated, or arbitrated numerous cases in the employment field involving issues of commission, wage, and vacation pay; wrongful termination and tortious wrongful termination in violation of public policy; discrimination; disparate impact/treatment; sexual harassment and labor code violations such as fraudulent inducement to change employment. His employment dispute resolution experience includes:

  • Age discrimination
  • Americans with Disabilities Act
  • Disability discrimination
  • Disparate treatment/impact
  • ERISA
  • Ethnic discrimination
  • Labor code violations
  • Layoffs
  • Marital status discrimination
  • National origin discrimination
  • Pregnancy discrimination
  • Race discrimination
  • Religious discrimination
  • Sex discrimination
  • Sexual orientation discrimination
  • Tortious wrongful termination
  • Vacation, wage and commission disputes
  • Wrongful demotion
  • Wrongful termination

Representative Matters

  • Commission disputes involving sale of electrical power; sale of cosmetics; sale of computer hardware/software
  • Constructive wrongful termination based on theory of retaliation against employer who persisted in unethical dealings
  • Disparate impact action by groups of employees based on theory of religious discrimination at large engineering firm
  • Sexual harassment by secretary in plumbing supply company; sexual harassment alleged by dental assistant
  • Wrongful demotion based on sex and marital status bias
  • Wrongful termination based on pregnancy discrimination and failure to allow pregnancy leave
  • Wrongful termination based on sex bias
  • Wrongful termination from large manufacturer based on theory of unequal application of policies based on ethnic bias

Honors, Memberships, and Professional Activities

  • "Neutral's Bag of Tools Includes Humor, Honesty," Los Angeles Daily Journal, July 15, 2005
  • Adjunct Professor of Law, Western State University College of Law, Fullerton, California
  • Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
  • Member, Orange County Superior Court Executive Committee, 1998
  • Member, California Judges Association, 1982-present
  • Board of Directors, Children's Home Society, Santa Ana, 1981-1985
  • Member, American Bar Association, 1970-1983
  • Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
  • Past President, Barristers Club, Orange County, 1975-1976
  • Past President, William Gray Inn of Court, 2003-2004
  • "JAMS Neutral David Brickner prods both sides to settle," Daily Journal, ADR Profile, October 24, 2014

Background and Education

  • Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
  • Judge, Orange County Superior Court, 1986-2003
  • On assignment, Court of Appeal, 1984 (published two opinions)
  • Judge, Municipal Court, West Orange County Judicial District, 1983-1986
  • Private law practice, civil litigation and criminal law, 1972-1983
  • Deputy District Attorney, Orange County, 1969-1972
  • Lieutenant, United States Navy, 1962-1965
  • J.D., UCLA, School of Law, 1968
  • B.A., Stanford University, 1961

Disclaimer

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