Hon. Maria-Elena James
United States Magistrate Judge (Ret.)

Available for Mediations, Arbitrations and Discovery References

  • Suits against pharmaceutical companies by former employees wrongfully terminated after being subjected to hostile work environments, discrimination, and retaliation. Settled.
  • Plaintiff sued former employer, alleging that discrimination (based on race, age, sex, and/or (perceived) disability) led to plaintiff’s wrongful termination, under Cal. Gov. Code §§ 12900, et seq., 42 U.S.C. §§ 2000e and 2101, 29 U.S.C. §§ 621, et seq., and Cal. Labor Code §§ 200, et seq. Settled.
  • Plaintiffs filed suits against their former employers for alleged retaliatory and discriminatory termination, based on 42 U.S.C. § 2000e5(f) and 42 U.S.C. § 1987a.
  • Plaintiff sued for wrongful suspension and termination, alleged harassment and retaliation she experienced during her employment, failure to accommodate her work-related physical disability, and psychological harm caused by the disability, age, and race discrimination she experienced, brought under 42 U.S.C. §§ 1981 and 12101, et seq., Cal. Gov. Code § 12940, and 29 U.S.C. §§ 701, et seq. Settled.
  • Plaintiffs suffered alleged (race-based) employment retaliation after filing claims against their current and former employers, brought suits under Cal. Gov. Code § 12900, et seq., and 42 U.S.C. §§ 1981, 1983, and 2000e. Settled.
  • After exhausting her administrative remedies, plaintiff filed suit for wrongful termination, allegedly based on her physical disability (carpal tunnel), and failure to reasonably accommodate her disability, action brought under 42 U.S.C. §§ 12101, et seq., and Cal. Gov. Code § 12940. Settled.
  • Class actions against employers for unlawful labor and business practices (including failure to pay wages timely and/or overtime wages, provide accurate itemized wage statements, and failure to provide meal and rest breaks), brought under Cal. Labor Code §§ 201, et seq., 226, 226.7, 512, and 1194, and Cal. Bus. & Prof. Code §§ 17200, et seq. Settled.
  • Plaintiff filed suit against her former employer for employment discrimination and retaliation, gender discrimination, wrongful termination, breach of contract and of the implied covenant of good faith and fair dealing, and failure to pay bonuses, commissions, and overtime compensation. Brought under Cal. Labor Code §§ 98.6, 201, 203, 218.5, 226(a), 510, 558, 1102.5, and 1194, Cal. Gov. Code §§ 12900, et seq. (Fair Employment and Housing Act), and 29 U.S.C. §§ 201, et seq. (Fair Labor Standards Act). Settled.
  • During his employment, plaintiff was allegedly subjected to a hostile work environment and harsh language/threats from the company’s owner, so he filed suit against his former employer and the owner of the company, alleging wrongful termination, violation of whistleblower protection, defamation, and other unlawful employment practices. Action brought under 8 Cal. Code Regs. § 11050(12), Cal. Labor Code §§ 226(e), 1102.5, and 1174(d), and Cal. Civ. Code §§ 46, 201, 203, 218, 226.7, and 512(a). Settled.
  • Plaintiffs filed suit, alleging their employers subjected them to racially and/or religiously-based harassment and discrimination. Settled.
  • Plaintiff sued former employer and colleagues, alleging whistleblower retaliation, wrongful termination, and intentional infliction of emotional distress. Settled.
  • Plaintiff sued former employer (under the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), California’s Fair Employment and Housing Act (FEHA, Cal. Gov. Code §12940), and 42 U.S.C. §1981) for alleged harassment and race, age, and disability discrimination (for direct discrimination and failure to prevent discrimination), creating a hostile work environment, and retaliatory termination, etc. Settled.
  • Race discrimination lawsuit brought by former employee, under Title VII of the Civil Rights Act of 1964, alleging that, after a patient refused treatment and died, defendant hospice center not only terminated plaintiff nurse’s employment, it also failed to defend plaintiff in a wrongful death lawsuit filed by the patient’s family and filed suit itself against its former employee. Settled.
  • Terminated for underperforming and causing problems, plaintiff filed suit against her former employer for age, disability, and race discrimination, and for retaliatory termination (she had an ongoing workers’ compensation case), under 42 U.S.C. §§ 1981 and 12101, et seq. (ADA), 29 U.S.C. §§ 621, et seq. (ADEA), and Cal. Gov. Code § 12940 (FEHA). Settled.
  • Plaintiffs filed suit against former employers, alleging failure to accommodate their disabilities, and, for many, retaliatory termination. Settled.
  • A temp worker was let go from her assigned workplace (because she was allegedly difficult to work with), so she filed EEOC charges (dismissed), and a lawsuit under Title VII of the Civil Rights Act of 1964, alleging gender discrimination, claiming she was let go because she had had a relationship with a male supervisor, who was kept on by the company.
  • After plaintiff was injured on the job, defendant employer allegedly created a hostile work environment, delayed plaintiff’s necessary surgery, and refused/failed to accommodate him (allegedly in retaliation for his filing a workers’ compensation claim) in violation of the ADA and Title VII of the Civil Rights Act of 1964.
  • After allegedly well-performing employee was subjected to disparate treatment by her employer (on account of her race), she filed grievances and EEOC charges and was subsequently terminated, so she filed suit against her employer for discriminatory and retaliatory termination, and against the Equal Employment Opportunity Commission (EEOC) for unlawful discrimination (as it failed to conduct a hearing).
  • Employee complained of hostile work environment (she endured harassment and race discrimination) and was subsequently terminated, so she filed suit, under 42 U.S.C. § 2000(e), against her former employer. Settled.
  • Female prison officers filed an employment discrimination suit, brought under 42 U.S.C. § 2000e and Cal. Penal Code § 4021, against the city and county after allegedly receiving gender-based work assignments that endangered their safety. Settled.
  • Plaintiff, working two jobs for a state-run developmental center for disabled individuals, reported patient abuse and gross negligence by physicians and was subsequently fired from one job and made to endure a hostile work environment at the other, so he filed suit against the officials and physicians of his employer, action brought under 42 U.S.C. § 1983, 28 U.S.C. §§ 133, 1343, and 1367, and the California Constitution. Settled.
  • Employer made continued employment conditional on adopting its religious affiliation, but plaintiffs (married couple) refused and were subsequently fired, so plaintiffs filed employment discrimination and wrongful termination lawsuit under FEHA. Settled.
  • Plaintiff allegedly made a complaint to her government employer about her supervisor (for sexual harassment and retaliation), and employer subsequently constructively discharged her and investigated her for having a relationship with her harasser, so she sued her former employer for gender and race discrimination, action brought under 42 U.S.C. § 200e-5(g).
  • Plaintiff disabled employee filed EEOC claims after his new supervisor, upon discovery of plaintiff’s race and national origin, allegedly created a hostile work environment and discriminated against plaintiff (removed him from projects, demoted him in favor of younger coworkers, and falsified performance review documents), and plaintiff’s employment was later terminated (plaintiff claims retaliatory termination, employer claims plaintiff was simply let go during company-wide layoffs), so plaintiff filed suit against his former employer under 42 U.S.C. § 2000e-17, 29 U.S.C. §§ 621-34, and 42 U.S.C. §§ 12112-17.
  • Disabled plaintiff was terminated on her first day of work, so a federal government agency filed suit against her former employer, brought under 42 U.S.C. §§ 1981(a), 2000e-5(f)(1), (3), and 12112(a). Settled.
  • Coffee company discovered barista’s religious social media postings and, deeming the postings threats against the company, fired the barista, who filed an employment discrimination suit (based on religion) against the company under 42 U.S.C. § 2000e.
  • Barista filed suit against her employer, alleging that she faced (reverse) sexual orientation discrimination and was subjected to a hostile work environment (she was harassed due to her sexuality), action brought under the Civil Rights Act of 1964, Cal. Gov. Code § 12940, Cal. Labor Code § 5401 (and various unspecified sections), and Cal. Civ. Code § 45.
  • Former employees filed wrongful termination suits against former employers (often the government), alleging age, race, and disability discrimination, a hostile work environment, and/or that the employers refused to provide reasonable accommodation for the employees’ disabilities, brought under 29 U.S.C. §§ 791 (Rehabilitation Act of 1973) and 630, et seq. (Age Discrimination in Employment Act), 42 U.S.C. §§ 2000e-16, et seq., 5 U.S.C. §§ 1201, et seq. (Civil Service Reform Act), and/or 28 U.S.C. §§ 2201, et seq. Settled.
  • Employee, terminated for violating company policy, brought a wrongful termination suit under Cal. Labor Code § 6310, Cal. Civ. Code § 3294, and Cal. Gov. Code §§ 12940, et seq., alleging he was actually fired for complaining of employer’s safety violations. Settled.
  • Suit by employee facing gender and disability discrimination and whistleblower retaliation after reporting health and food safety violations to employer, action brought under 42 U.S.C. §§ 2000(e), et seq., 29 U.S.C. §§ 791-794d, 29 U.S.C. §§ 2601, et seq., and 5 U.S.C. §§ 1221, et seq. Settled.
  • Suit by employee facing gender and disability discrimination and whistleblower retaliation after reporting health and food safety violations to employer, action brought under 42 U.S.C. §§ 2000(e), et seq., 29 U.S.C. §§ 791-94d, and 2601, et seq., and 5 U.S.C. §§ 1221, et seq. Settled.
  • Suit against pharmaceutical company by former employee who was wrongfully terminated after being subjected to a hostile work environment, discrimination, and retaliation. Settled.
  • Employee disciplined and eventual terminated after engaging in union activities during work hours. Plaintiff’s employee and labor union sued, alleging employee was fired due to his association with the labor union and his activities on their behalf. Settled.
  • Plaintiff reported co-worker misconduct (against customers) to her employer, but instead of taking action against the coworkers, employer allegedly retaliated against plaintiff and eventually terminated her employment, so plaintiff filed a retaliation and wrongful termination suit under 18 U.S.C. § 1514A (Sarbanes-Oxley), 15 U.S.C. § 78u-6 (Dodd-Frank), and Cal. Labor Code § 1102. Settled.
  • Plaintiff’s employment terminated after his narcolepsy diagnosis led to him taking multiple medical leaves (for which he allegedly provided his employer with proper documentation) to work with doctors to manage his condition, plaintiff filed suit for discrimination-based wrongful termination and failure to inquire about/provide accommodations, under 42 U.S.C. §§ 12101-213 and Cal. Gov. Code §§ 12940, et seq. Settled.
  • Disabled plaintiff brought suit, alleging he was denied a promotion to police sergeant, and the right to contest the denial, as retaliation for statements he previously made during his employment; action brought under the First and Fourteenth Amendments of the United States Constitution, the ADA, and 29 U.S.C. § 794 (Federal Rehabilitation Act of 1973). Settled.
  • Plaintiff, a patent attorney, filed an action for disability discrimination against defendant company, alleging failure to provide reasonable accommodation and failure to engage in the interactive process, based on the company’s revocation of its offer to employ plaintiff after he failed to report timely to work for his first day on the job as counsel for defendants. Brought under the ADA, 42 U.S.C § 12112(a) (FEHA), and Cal Gov. Code § 12940(a). Settled.
  • Plaintiff brought class action suit against employer for breach of contract and violating labor laws (through failing to provide breaks, pay (hourly) wages, etc.), under Bus. & Prof. Code §§ 17200, et seq., and Lab. Code §§ 201, et seq., 223, 226(a), 226.7, 510, 512, 1194, 1194.2, 1197, 1997.1, and 1198.
  • After filing EEOC claims against, and subsequently being terminated by, mail delivery service, plaintiff filed suit against former employer for alleged race, sex, disability, and age discrimination, and for alleged retaliatory termination, violations of 29 U.S.C. §§ 791, et seq., 42 U.S.C. § 12111(8), and 29 CFR §§ 1630.9, 1630.12, and 1630.14. Settled.
  • Plaintiffs filed a class action lawsuit against their employer for improperly calculating their regular and overtime wages, action brought under 29 U.S.C. §§ 201, et seq. (the Fair Labor Standards Act). Settled.
  • Construction worker filed suit, under the Fair Labor Standards Act (FLSA), Cal. Lab. Code §§ 1194, 1194.2, and 1771-74, California Unfair Trade Practices Act, and California Bus. and Prof. Code § 17203, against employer for failure to pay overtime, regular minimum and overtime prevailing wage, and contracting with insufficient funds. Settled.
  • Employment discrimination and wrongful termination suit brought against employer that allegedly failed to accommodate and fired plaintiff because of his disability, age, and taking medical leave, action brought under Cal. Gov. Code §§ 12940 and 12945.2, 29 U.S.C. § 2615, and Cal. Bus. & Prof. Code §§ 17200, et seq. (Family Medical Leave Act)
  • Class action brought against employer allegedly engaged in unlawful employment practice of purposefully misclassifying employment status so as to pay lower wages and no overtime, thereby failing to comply with state labor laws; action brought under Cal. Labor Code §§ 200, et seq., 226.8, 510, 1194, 1198, 2753, and 2802, Cal. Code Regs. § 11090, and Cal. Bus. & Prof. Code §§ 17200, et seq.
  • Postal worker filed a fair labor standards action, asking that the union represent member and non-member interests equally, action brought under 29 U.S.C. § 151-69. Settled.

Employment

REPRESENTATIVE CASES