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Practice: Employment

Experienced. Empathetic. Effective.

The JAMS Employment Practice Group includes retired federal, state trial and appellate judges and former litigators who have years of dispute resolution experience and are adept at managing the emotional and legal aspects of sensitive employment matters. For an extensive list of all JAMS employment neutrals, please click here.

Practice-Focused Training

Our neutrals augment their deep subject matter expertise and comprehensive knowledge of federal and state case law and statutes with extensive, ongoing training in ADR and developing jurisprudence.

Unparalleled Expertise

The mediators and arbitrators in our Employment Practice Group have handled countless employment matters of all types and sizes, ranging from single plaintiff cases to large class and mass actions. Representative cases include:

Discrimination and Harassment
  • Allegations of gender discrimination, sexual and racial harassment and retaliation brought by administrative staff against a professional office.
  • Pre-suit mediation of employee’s racial and religious discrimination claim against a national fast-food operator for its alleged refusal to accommodate plaintiff's request for time off to attend prayer meetings.
  • Allegations of disability discrimination and ERISA violations brought by a manager who returned to work following a stroke and was terminated.
  • Americans with Disabilities Act (ADA) claim brought by a warehouse employee alleging wrongful discharge and refusal to provide reasonable accommodation.
  • Lawsuit alleging sexual harassment brought by the EEOC on behalf of an employee of a fast food restaurant.

Executive Contracts, Trade Secrets and Employee Raiding
  • Complex case involving the rights of a chief executive officer under his employment contract in alleged breach of fiduciary duties.
  • Interpretation of an employment contract as well as allegations of theft of trade secrets involving an executive who left his high tech employer to work for a competitor.
  • Cases in the video game industry involving allegations of employee raiding and resulting theft of trade secrets giving one company an alleged unfair competitive advantage.

Wage & Hour Claims
  • Pre-dispute mediation of a potential 100-member wage & hour class action suit against a healthcare facility. Case settled; damages included California state labor code and Private Attorney General Act (PAGA) penalties. 
  • National wage & hour class action against a clothing manufacturer in which the 6,700- member class sought damages related to improper classification and failure to pay for overtime and rest periods. Case involved protracted negotiations and settled two weeks into trial.
  • Nationwide wage & hour collective action with nearly 30,000 members alleging that a global provider of inventory services to a number of major retailers violated the Fair Labor Standards Act (FLSA) and New York and other state laws in its compensation practices.
  • Arbitration involving select plaintiffs’ claims from a wage & hour collective action. Each arbitrator rendered separate opinions, which together were used to extrapolate settlements for all plaintiffs.

Whistleblower
  • Action brought by the admissions representative of a for-profit trade school who claimed wrongful termination and alleged retaliation for complaining about the school’s violations of federal law.
  • Case in which the executive director of a nonprofit claimed whistleblower status under common law and state statute for termination following alleged dispute over the organization’s funding practices. 
Fall 2016
Feature Articles: An Insurance Primer for Employment Litigation; The True Value of Employment Mediation; Whistleblower Cases Are Custom Tailored for ADR; Mediation Keys for the High-Profile, High-Conflict Employment Case
August 26, 2016
Daily Journal
Spring 2016
Feature Articles: Employee versus Independent Contractor: The Latest; ADR Options in Employment Trade Secret Matters; Classification of Laborers in the Sharing Economy; Sandquist: Who Decides?
February 12, 2016
Daily Journal
February 4, 2016
Law.com
December 28, 2015
The National Law Journal
December 11, 2015
InsideCounsel.com
November 2015
Orange County Lawyer
Fall 2015
Feature Articles: With Experimental Benefits Come Additional Legal Considerations; Free Speech or Hostile Work Environment?; Joint Sessions in Employment Cases: Should Parties Make Opening Statements?; Your Client's Guide to the Employment Mediation Galaxy
Download Spring 2015 Newsletter in PDF
August 26, 2015
Corporate Counsel
August 25, 2015
Law.com
July 15, 2015
Daily Journal
June 9, 2015
Law.com
May 28, 2015
Law.com
Spring 2015
Feature Articles: You Can't Fire Me... I'm on FMLA; The Rise in Pregnancy-Related Employment Discrimination Claims.; Addressing Emotions That Drive Disparate Views of Fairness.; Unpaid Interns Gain More Protection
Download Spring 2015 Newsletter in PDF
31 ICLR 537, 2014
The International Construction Law Review
October 30, 2014
Law.com
September 4, 2014
Law.com
August, 2014
Corporate Counsel
August 12, 2014
Law.com
June 17, 2014
Law.com
May 20, 2014
Law.com
May 6, 2014
Law.com
March 12, 2014
Law.com
June 24, 2013
Inside Counsel
June 10, 2013
Inside Counsel
May 27, 2013
Inside Counsel
May 13, 2013
Inside Counsel
March 2013
California Labor & Employment Law Review
February 19, 2013
Inside Counsel
September 2012
King County Bar Bulletin
March 2012
California Labor & Employment Law Review
December 21, 2011
Law 360
July 2011
Bloomberg Law Reports
July 2011
California Labor and Employment Law Review
June 2011
Employment Law Strategist