Hon. John Herlihy (Ret.), a full-time neutral with JAMS, has extensive experience mediating and arbitrating employment matters. As the former Supervising Judge of the Civil Division of Santa Clara County Superior Court, he heard many employment cases of all varieties. He has handled many types of cases including discrimination, wrongful termination, as well as employment class actions. Judge Herlihy is well regarded by counsel for being prepared, thorough and fair. He has the ability to bring parties together in sensitive employment matters in order to reach resolution.
Representative Matters
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Matter alleging wrongful termination in violation of public policy in addition to 12 other claims including solicitation of employees after termination and violations of B&P code section 17200
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Wrongful termination and retaliation claims after a complaint of illegal and discriminatory conduct was filed
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Case alleging gender discrimination, marital discrimination, and pregnancy discrimination as the causes of termination
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Matter involving claim of discrimination due to disability based on medical issues. Employer contends termination due to inability to program in a certain programming language
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Case in which employees alleged race discrimination, retaliation, intentional and negligent infliction of emotional distress after the company refused to hire them back although they were fired for an error admittedly caused by two different employees
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Claim that employer, a multi-national company, failed to pay the legal minimum wage and overtime compensation; employee also sought compensation for missed meal breaks, interest, penalties, and attorney’s fees
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Two separate class actions against the same temporary employment agency for alleged wage and hour violations including statement violations, unpaid overtime wages, waiting time penalties, and PAGA penalties
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Matter involving claims of discrimination based upon age, gender, and race by employer and claims of sexual harassment by the employee; employee also sought protections as a whistleblower
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Dental assistant alleged that the dentist sexually harassed her including unwanted touching and vulgar and offensive comments related to her sexual orientation
