Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Employment
Mr. Polsky has a very high settlement rate as a mediator of employment disputes. He employs a specially designed process to ensure that the unique emotions involved in these cases are properly managed, and to facilitate good communication. He also serves as a neutral fact finder and facilitator in labor related issues. His articles on the subject have been published in Bar journals and legal newspapers.

Representative Matters

  • Labor complaint neutral fact finding in connection with large manufacturing corporation.
  • Mailroom employee exposed to irritating fumes. Claim against seller for inadequate markings and employer for failure to give notice of chemical shipment. (Settlement including early medical retirement)
  • Pre suit mediation of claim of age discrimination and wrongful termination of 41-year employee who rose to the position of President of company that was eventually bought out by defendant. Following buy out, plaintiff was placed in the position of Vice President of Sales and Marketing at a base salary of $100 k plus bonus, until he was escorted out 18 months after the buy out. Plaintiff was replaced by a younger employee in an effort to reduce compensation expenses. (Settlement $100 k plus attorney fees)
  • Repeated touching by manager followed by demotion after advances were rebuffed. (Settlement agreement involving relocation, promotion, payment of attorney fees, special management sensitivity program)
  • Sexual advances to 23-year-old temporary clerical worker by 51-year-old manager. (Settlement $75 k)
  • Sexual discrimination alleged by female mutual fund manager against parent corporation when a male co-manager was appointed. Allegations included disparate treatment and hostile work environment. (Settlement $850 k)
  • Sexual harassment alleged against manager for repeated acts of sexual intercourse with subordinate employees. ($1.5 mm)
  • Suit by tanker truck driver against oil company for failure to create a light duty job following a work related injury. Corporation asserted that the law of reasonable accommodation does not require that the employer create a new position with its organization and that, after plaintiff could not return to work following a 16 month leave, termination was appropriate. (Settlement ($175 k)
  • Termination of 8-year manager of nationwide telecommunications company due to aggressive management style without adherence to progressive counseling policies. (Settlement of 1.5 years of salary)
  • Termination of city manager in violation of contract, which provided for employment absent acts of moral turpitude against city, following conviction for solicitation of prostitute. (Settlement of relocation benefits plus 1.0 year of salary plus attorney fees)
  • Action by sales representatives for breach of contract and wrongful termination after they were recruited from a competitor, trained, put into the workforce and fired within 12 months. Plaintiff asserted that they were recruited to remove them from a competitor and then terminated in violation of public policy after they refused to provide customers with false and inflated information regarding cost the customers were incurring and savings that could be obtained. (Settlement)
  • Allegations of sexual harassment claims and failure to provide a safe working environment against country club, secondary to overt sexual comments and actions by clientele, and failure to respond to complaints. (Settlement $150 k)
  • Americans With Disability Act Claim, including wrongful discharge and improper refusal to provide reasonable accommodation. Plaintiff was a 49-year-old warehouseman who was injured outside of work. He was terminated after a 16-month medical leave and a determination that he could not return to the former job on a full time basis. (Settlement based on adjusting termination date to increase pension benefits, plus continued salary for a set term plus attorney fees.)
  • Breach of contract and constructive termination as a result of unilateral change in compensation plan affecting nationwide sales representatives of national telephony company. Class certification denied. (Case settled at mediation as a Business and Professions Code section 17200 claim)
  • Claim by Chief Operating Officer that he was misled by verbal offer of employment which had induced him to sell two homes and relocate to California. Also alleged termination in retaliation for identification of an internal fraud and to avoid payment of stock options and substantial bonus. (Settled at mediation)
  • Claim of racial discrimination by employee of national fast food operator for its refusal to grant accommodation to permit time off to attend non-scheduled prayer meetings. (Settled with payment of money and termination of employment)
  • Claims of sexual harassment in violation of Title VII, 42 U.S.C. section 2000 involving female worker entering workplace for the first time as a result of the incapacity of her husband. She was hired by manager who then encouraged worker to engage in various sexual acts in exchange for promises of promotion and threat of termination.
  • Constructive termination, emotional distress, sexual and racial harassment alleged against physician by office manager and nursing staff following their reporting of insurance fraud by the physician. (Settled at mediation)
  • Employee claim for discrimination arising from use by employer of record of employee arrest that did not result in a conviction. (see Labor Code section 432.7). Employer asserted termination cause was pulling a knife on a co-employee. (Settlement for 1 year of pay plus attorney fees)
  • Employment discrimination resulting from termination after employee confided in manager that she and her husband intended to start a family. Wage claim also tendered and resolved.
  • FEHA and whistle blowing claim secondary to termination of 63-year-old Latino male who was the sole Latino employee of the respondent company. Plaintiff was the director of human resources. (Settled for payment of one year salary plus attorney fees)
  • FEHA claim of age harassment, failure to investigate, retaliation, and constructive discharge filed by 60-year-old employee of nationwide retailer. Acts complained of commenced within 30 days of hiring. (Settled at mediation).
  • FEHA, wage/hour, and sexual harassment claims arising from alleged pattern of Hollywood executive hiring 18-21 year old personal assistants and thereafter implicitly offering exposure in exchange for a sexual relationship.
  • Loan broker merged company into defendant company upon promise of six-year employment contract, ownership points, bonus formulae, and salary. Terminated for performance issues upon integration of merged business. Asserted fraud and losses exceeding $10 mm. (Settled $337 k)
  • Reduction in grade of Controller of international auto racing corporation to the position of Manager of Finance. Allegation of constructive termination. (Settled at mediation)
  • Resignation without notice by highly compensated female investment manager who was responsible for a $1 bn bond portfolio following appointment of a male co-manager. Allegation of gender discrimination. (Settled for payment of one-year salary.)
  • Suit by five female employees of international fast food operator alleging hostile and sexual work environment. (Settlement included removal of manager from management and payment of compensation to each employee.)
  • Suit by tenured community college educator alleging age discrimination in connection with changes in teaching responsibilities. (Settlement involved cash buy out of contract, extension of medical benefits, and attorney fees)
  • Suit for hostile work place and sexual harassment brought by six young female workers (this position being their first job) of fast food restaurant due to actions and comments by the manager. No overt contact or touching alleged. (Settlement included training of manager, apologies, and compensation)
  • Wage & hour claim by firefighter working in security field after hours. Issue of flat rate pay vs. entitlement to overtime.
  • Wrongful termination and fraud asserted by co-owner of private banker who asserted she was induced to merge her practice and then constructively terminated in an effort to obtain trade secrets and client lists. (Settled for workout of business and formulae to share commissions)

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

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