Kenneth D. Gack, Esq. has been a full time neutral with JAMS since 1996 and has mediated and arbitrated extensively in employment matters. He is lauded by clients for his thorough preparation, quick grasp of complex facts, appreciation of the shifting burdens of proof in employment matters, and his ability to relate to all parties involved in sensitive employment disputes. Ken’s employment experience includes wrongful termination; ethnic, sexual, age and sexual orientation harassment; whistleblower claims; executive compensation issues (including vesting of option rights); and wage and hour claims.
Representative Matters
- Arbitration of breach of executive bonus compensation and severance package on grounds of pretext against entity engaging in merger/change of control discussions
- Wrongful termination and whistleblower claims against former employer and related entity; claimant alleges retaliation for asserting rights to recovery for wage and hour violations
- Former employee alleges failure to accommodate claims against public entity; medical condition permitting continued employment with adjustment to work obligations
- Claims of failure to accommodate and wrongful termination by ex-employee following drug rehabilitation; defense of fiduciary obligations owed by employer to third parties and potential exposure for improper access and distribution of sensitive financial data, possible identity theft
- Racial discrimination/adverse employment claims by minority police officer against department; demotion from high profile drug enforcement team in pretextual retaliation for gun possession charge for violations of state and Federal gun restrictions
- Former student alleges harassment, discrimination and failure to afford equal opportunity against school district and instructor for refusal to permit females on high school wrestling team; allegation of Title IX violations
- Claims of sexual harassment and adverse employment action by nurse against hospital and physician; alleged adverse employment action in scheduling and opportunity against facility, and harassment against physician
- CEO of winery claims wrongful termination of written term employment agreement against owner for reporting wage and hour violations; defense of failure to perform duties as winery executive
- Complex employment and real estate fraud action among bank employee, real estate brokers, notary, lender and loan broker arising out of falsification of loan and title documents
- Case in which a minority teacher alleged wrongful termination for alleged racial discrimination against a private day school
- Various wage and hour claims against agricultural, health care and manufacturing employers; break time, lunch time, mandatory postings, duties re data collection and rules compliance
