Hon. George Hernandez (Ret.)
EMPLOYMENT
- Appeal from the Labor Commission's determination that plaintiff was a non-exempt employee entitled to overtime.
- Plaintiff claimed that he was wrongful terminated from his employment.
- Employees claimed that employer did not comply with the Labor Code.
- Handled a case in which the plaintiff claimed that he was terminated by his employer because of the employer's improper application of the employee absence policy.
- Plaintiff claimed that he was terminated because he complained about not getting his breaks and lunch time.
- Handled a case in which the plaintiff class claimed that they were misclassified as independent contractors.
- Settled an employment matter where the plaintiff claimed that he was not paid for overtime and meal breaks.
- Settled a whistleblower matter where the plaintiff claimed they were terminated from employment because they reported unhealthy conditions to authorities.
- Plaintiff claimed that she was terminated from her employment, however, it appeared that the termination was based upon facts that were demonstratively false.
- Presided over a whistleblower/wrongful termination jury trial (Yarborough v PeopleSoft).
- Presided over a wrongful termination/discrimination jury trial (Carvalho - RG05 231621).
- Presided over a wrongful termination trial against a school district (Mingo v. OUSD - 2002-042080).
- Presided over a wrongful termination/failure to accommodate/age discrimination/racial discrimination jury trial (Millar v. SFBART c-830013-9).
- Presided over a wrongful termination trial with a failure to accommodate element (Shakib v City of Fremont - FG05 230849).
- Action by four employees, as individuals and representatives of a class, alleging that employer failed to compensate them for all hours worked, including overtime hours, failed to provide them with meal and rest periods, and failed to provide them with accurate wage statements. The employer acknowledged that there were problems with record-keeping. However, the employer believed that his employees were fully compensated for all of the time they worked. Resolved at mediation.
- Wrongful termination dispute wherein plaintiff was terminated from her employment and the parties disagreed over the reasons she was terminated. Plaintiff, who was a manager, alleges that she was wrongfully terminated from her position because she complained about her employer submitting a report containing false data regarding the employer's minority and women employees to a federal agency that monitors affirmative action requirements and she complained about discrimination by her employer against minority employees. At the time of the termination, employer was undergoing an audit by the federal agency. Plaintiff further claimed that the timing of her termination was related to that audit and designed to prevent her from revealing the correct data to the agency during that audit.rect data to the agency during that audit.