Gail Glick - Judicate West

Introduction

Gail spent 26 years representing plaintiffs and defendants in litigation of employment law, personal injury, breach of contract, and professional malpractice cases. Gail has now dedicated her career to mediation on a full-time basis. During her litigation career, she also served as a private mediator, as well as on the Los Angeles Superior Court’s ADR panel and CRASH employment case settlement program. She has earned a reputation for having a respectful and straightforward demeanor with an evaluative and facilitative approach.

Gail says, “In litigation, I believed that my clients were best served by resolving their disputes early - prior to the emotional and economic devastation of participating in a trial or arbitration on the merits. Now, as a full-time mediator, I can help the litigants take control of their lives by making peace for themselves, their businesses, and their families through a mediated resolution.”

One attorney commented, “Gail is an excellent communicator. She has a direct and respectful approach which was particularly appreciated while discussing the weak points of my client’s case. Prior to the mediation, she suggested we exchange a settlement form with all of the non-monetary terms, which saved time and helped us focus on the financial terms during the session.”

Practice Areas

Experience Summary

Gail has been involved in the resolutions of a broad array of employment law matters over the course of her twenty-six year litigation career, in an array of industries that include aerospace, banking and finance, biotech, engineering, education, entertainment, food services, health care, hospitality, logistics, oil and gas, pharmaceuticals, transportation, and technology.

Her clients included actors, artists, bookkeepers, CEOs, CFOs, comptrollers, clerical employees, delivery persons, entertainment executives, factory workers, foodservice executives, grips, HR professionals, insurance brokers, investment professionals, lawyers, librarians, managers, mariners, orthopedists, ophthalmologists, pharmacists, pharmaceutical sales representatives, physicians, plumbing sales representatives, professors, psychologists, real estate executives, RNs, respiratory therapists, retail managers, rocket scientists, salespersons, social workers, teachers, and videographers. Gail’s balance of plaintiffs’ and defense work over her career uniquely qualifies her to mediate for a diverse group of employers and employees.

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Hobbies & Interests

Gail is an avid Dodgers and Yankee fan. She is a former All-American soccer player, loves to golf, and has a passion for travel around the world. She also enjoys art, outdoors, and historical museums.

Website

https://gailglick.com/

Testimonials

"I am very satisfied with Ms. Glick's services. "
- Attorney on an Employment Wrongful Termination and Discrimination case

"Thanks for all your help and follow-up on this one; it was anything but simple. I know you’re already so well established in your practice, and for this ADA/accommodations case – you really came through for the parties here!"
- Attorney on an Employment ADA dispute

"Thank you for your intelligence and hard work on this. We appreciate it."
- Attorney on an Employment Whistleblower/Wrongful Termination Dispute

"Thank you for the time and effort you put into our mediation. My client spoke very highly of you after the session. I'm confident that your analysis and feedback resonated with her. "
- Attorney on a Whistleblower Employment Wrongful Termination case

"Deepest thanks Gail for all of your efforts. Remarkable. "
- Partner, National Employment Litigation & Policy

"Gail was outstanding. I very much appreciated how she handled the proceedings."
- Attorney on an Employment PAGA case

"Thank you so much Gail. Really appreciate the follow-up and the work on this case."
- Partner at a Prestigious Nationwide Law Firm

"Gail was fantastic, especially with an emotionally scarred client. Excellent work."
- Attorney on an Employment/Discrimination case

Links and Articles

Experience Summary

Gail has been involved in the resolutions of a broad array of employment law matters over the course of her twenty-six year litigation career, in an array of industries that include aerospace, banking and finance, biotech, engineering, education, entertainment, food services, health care, hospitality, logistics, oil and gas, pharmaceuticals, transportation, and technology. Her clients included actors, artists, bookkeepers, CEOs, CFOs, comptrollers, clerical employees, delivery persons, entertainment executives, factory workers, foodservice executives, grips, HR professionals, insurance brokers, investment professionals, lawyers, librarians, managers, mariners, orthopedists, ophthalmologists, pharmacists, pharmaceutical sales representatives, physicians, plumbing sales representatives, professors, psychologists, real estate executives, RNs, respiratory therapists, retail managers, rocket scientists, salespersons, social workers, teachers, and videographers. Gail’s balance of plaintiffs’ and defense work over her career uniquely qualifies her to mediate for a diverse group of employers and employees. The types of matters she has litigated and resolved include:

• Discrimination based on race, national origin, age, religion, disability, sex, pregnancy, transgender status, gender expression, and sexual identity
• Harassment based on race, national origin, age, religion, disability, sex, pregnancy, transgender status, gender expression, and sexual identity
• Failure to accommodate and failure to engage in the interactive process
• Violation of the Rehabilitation Act
• Retaliation for engaging in FEHA protected activity
• Violation of CFRA and FMLA
• Retaliation based on exercised of rights under CFRA and FMLA
• Wage and hour violations, including class actions
• Private Attorneys General Act (“PAGA”)
• Violation of section 1102.5 of the Labor Code
• Wrongful termination in violation of public policy
• Defamation
• Breach of contract
• Breach of the implied covenant of good faith and fair dealing
• Fraudulent misrepresentation and Labor Code section 970 claims
• Negligent hiring, retention, and supervision
• Misappropriation of trade secrets
• Unfair competition
• Unfair business practices
• ERISA
• Lemon law
• Construction defect
• Legal malpractice
• Insurance coverage

Legal Career

Mediator/Arbitrator at Judicate West (Present); Co-Chair of the Employment Practice Group (2023-Present)
Founding Partner, Alexander Krakow + Glick. LLP, focused on employment law litigation, representing employees (2009-2020)
Volunteer and Party-Pay Panelist, Los Angeles Superior Court ADR Panel (2003-2009)
Principal, Gail A. Glick Attorney at Law, focused on employment law litigation for plaintiffs (2002-2009)
Associate, Reish, Luftman, McDaniel & Reicher, LLP, focused on employment law, real property, ERISA, and business litigation for defendants (2001-2002)
Associate, Musick, Peeler & Garrett, LLP, focused on employment law, insurance, professional liability, and business litigation for defendants (1995-2001)
Associate, Lawrence Silver & Associates, focused on business litigation and employment law for plaintiffs and defendants (1994-1995)

Education & Professional Affiliations

J.D., Loyola Law School (1994)
B.A., cum laude, Amherst College (1991)
Pepperdine’s Straus Institute for Dispute Resolution, Intensive Mediation Seminar (2002, 2003)
Los Angeles County Bar Association, Advanced Mediator Skills Training (2003)
Disability Rights Legal Center, Vice President and Member of the Board of Directors (2015-2020)
LACBA Labor & Employment Law Section (2005-present), Executive Committee Member, and former Chair of the Executive Committee (2018-2019),
College of Labor and Employment Lawyers, Fellow (2018-present)
ABA Labor & Employment Section and Technology Subcommittee Co-Chair, Member (2015-present)
Consumer Attorneys of California, Member (CAOC) (2012-2020)
Beverly Hills Bar Association (BHBA), Member (2010-present)
Consumer Attorneys of Los Angeles (CAOC), Member (2010-2020)
California Employment Lawyers Association (CELA), Member (2003-Present)
Los Angeles County Bar Association (LACBA), Member (1994-present)
Amherst Association of Southern California,Board of Directors Member (2003-2020)

Legal Experience

All types of Employment/Workplace Disputes including Class Action
Business/Contractual
Lemon Law
Personal Injury
Real Property
Professional Malpractice

Representative Case Information

Recent Representative Cases

Business/Commercial

Fraud/Misrepresentation

Former business associates' dispute over copyright infringement, ownership of likeness and YouTube channels' content, and violation of the Digital Millennium Copyright Act.

Employment

A D A

In a disability discrimination and failure to accommodate case in the health care industry, assisted with the interactive process to accomplish a reasonable accommodation for an employee to return to work following an extended leave of absence.

Constructive Discharge

Warehouse employee alleged constructive termination for employer's alleged failure to follow COVID-19 safety protocols, along with retaliation under sections 1102.5 and 6310 of the Labor Code.
A warehouse supervisor for a beverage company alleged racial harassment, disability discrimination, retaliation, and constructive termination.

Disability

An advertising/marketing agency employee alleged disability discrimination, including failure to engage in the interactive process, and wrongful termination.
A retail employee alleged age and disability discrimination in the way that she was treated upon furlough and returns of employees to work following COVID-19 shutdowns during the pandemic.
Sales executive alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate and engage in an interactive process, and wage and hour violations against a closely held corporation.
A long-term employee in the aeronautics industry alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, violation of FMLA/CFRA, and wrongful termination against his former employer.
A delivery driver in the oil and gas industry alleged disability discrimination, failure to accommodate, and retaliation, along with violations of Labor Code section 132a and wage and hour provisions.
A warehouse retail worker alleged disability discrimination, failure to accommodate, and failure to engage in the interactive process to reasonably accommodate.
Salesperson alleged associational disability discrimination, accommodation, and wrongful termination claims against hospice facility during COVID-19 pandemic.
Wage and hour and wrongful termination claims against a national non-profit organization.
Disability discrimination, failure to accommodate, and retaliatory termination case pursued by a skilled technician against a closely held manufacturing company, with nuanced issues that included discussions of concepts of "qualified individual with a disability" and "regarded as" disabled.
A long-term employee for a closely held logistics corporation alleged disability discrimination, failure to accommodate based on a 100% healed policy, and retaliation under the Fair Employment and Housing Act.
Disability discrimination including failure to engage in the interactive process and failure to accommodate by a long-term retail employee against a Fortune 500 corporation.
A retail employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under FEHA, and wrongful termination in violation of public policy.
Insurance call center supervisor alleged failure to accommodate, failure to engage in the interactive process, disability discrimination, retaliation, and wrongful termination in violation of public policy.
A management-level employee of a large retailer asserted claims of disability discrimination, failure to engage in the interactive process, and provide reasonable accommodation, retaliation, and wrongful termination in violation of public policy.
An assembly line worker alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy against a parts manufacturer. The employer asserted defenses of undue hardship and lack of qualification/ability to perform the essential functions of the job with or without reasonable accommodation.
Housing discrimination case alleging failure to accommodate and failure to engage in the interactive process by a tenant against an apartment developer. Plaintiff claimed he should have been issued a parking spot closer to their apartment unit as a reasonable accommodation, and requests for accommodation were ridiculed and went unanswered.
An oil and gas industry employee alleged disability discrimination, including failure to accommodate and engage in the interactive process, wrongful termination in violation of public policy, retaliation under section 1102.5 of the Labor Code, and wage and hour violations involving on-call time and failures to provide meal and rest breaks. The employer alleged defenses of failure to engage in the interactive process and LMRA preemption of the wage and hour claims.
A medical transport employee alleged disability discrimination, including failure to engage in the interactive process, and wrongful constructive termination.
Logistics employee alleged wrongful termination and disability discrimination arising out of a positive COVID-19 diagnosis and the employee's alleged failure to provide certified documentation supporting a return to work following recovery from the virus.
A food packing worker alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process.
A trucking employee alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, and retaliation under the Fair Employment and Housing Act.
Two automotive employees alleged disability discrimination, including failure to engage in the interactive process, and wrongful termination in violation of public policy. The employer asserted the defense of reduction in force during the COVID-19 crisis as its legitimate business reason for the termination decisions.
A watchmaker, a long-term employee, alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination against a jewelry retailer.
An accounts payable procurement specialist alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, retaliation under section 1102.5 of the Labor Code, and wrongful termination against fortune 100 company.
Forklift driver alleged disability discrimination, including failure to accommodate and engage in the interactive process, wrongful termination, and violation of section 6310 of the California Labor Code against logistics corporation.
A customer service representative alleged medical condition and disability discrimination and CFRA retaliation against a food manufacturing company. The employer asserted defenses of legitimate business reasons and reduction in force for failure to reinstate following an extended leave of absence.
A long-term employee in the medical manufacturing field alleged failure to accommodate, failure to engage in the interactive process, and CFRA interference when she was terminated upon attempting to return to work from a leave of absence.
IT employee alleged disability discrimination and failure to accommodate against an assisted living facility. The employer alleged factual defense that the employee never asked for, or was denied, any accommodation.
A leasing agent alleged disability discrimination, including failure to engage in the interactive process against the property management company.
Laboratory scientist, a contingent worker, alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and retaliatory wrongful termination against biotech corporation and staffing firm.
Grocery store worker alleged disability discrimination, including failure to accommodate and engage in the interactive process, associational discrimination, retaliation under section 1102.5 of the California Labor Code, and wrongful termination in violation of public policy. Employer asserted factual defenses of legitimate business reasons of the employee's misconduct and failure to show respect towards management and co-workers.
Home healthcare R.N. alleged failure to accommodate, failure to engage in the interactive process, disability discrimination, retaliation, and wrongful termination in violation of public policy. Employer asserted that the employee was not a qualified individual with a disability and the affirmative defense of health or safety risk under CACI 2544.
A retail sales associate alleged disability and pregnancy discrimination, violation of the CFRA, wrongful termination in violation of public policy, and wage and hour violations. Retailer asserted defenses that the employee was not a qualified individual with a disability and, therefore, she could not recover under the disability discrimination laws, as well as failure to mitigate.
A commercial truck operator alleged disability discrimination, including failure to accommodate and failure to engage in an interactive process to reasonably accommodate, disability harassment, and wrongful termination. The disability arose from a workplace injury, and the resolution of the case involved a discussion of overlapping issues in the worker's compensation forum. One of the employer's defenses to Plaintiff's claim for lost earnings involved an extreme reduction in work hours available to employees due to the COVID-19 pandemic.
A shipping and receiving clerk in a textile company alleged failure to engage in the interactive process to reasonably accommodate. The company asserted the defense that the clerk was not a qualified individual with a disability.
A long-term food warehouse manager alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy.
Pharmaceutical sales representative alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, CFRA interference, and wrongful termination in violation of public policy. The employer asserted the defenses that the employee was not a qualified individual with a disability and was judicially stopped from claiming she was able to do her job, having applied for long-term disability leave subsequent to her termination.

Discrimination

A back-office employee alleged pregnancy discrimination, aiding and abetting discrimination, and defamation against a closely held medical corporation.
A front office receptionist alleged race discrimination and wage and hour violations against a closely held medical corporation.
Contentious case on the eve of trial that was brought by a stock clerk who alleged race discrimination, racial harassment, and retaliation under the FEHA against a former employer, an aerospace parts manufacturer.
A sales representative in the tech industry alleged sex discrimination in the allocation of accounts and wage and hour violations.
Age and disability discrimination case by a security employee against his Fortune 500 former employer, requiring sensitivity to the significant emotional needs of a long-term employee.
A long-term employee for a national corporation with allegations of age discrimination, harassment, and retaliation.
Diabetic phlebotomist alleged disability discrimination and failure to accommodate/engage in the interactive process against healthcare entity.
An employee in the solar technology industry alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wage and hour violations.
An executive employee in a manufacturing enterprise alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate, and wrongful termination in violation of public policy.
A long-term food service employee alleged age and sex discrimination, failure to prevent discrimination, intentional infliction of emotional distress, and retaliation under section 1102.5 of the Labor Code against a restaurant chain.
A pharmaceutical industry executive alleged defamation, sex discrimination, and failure to pay bonus.
An employee alleged race discrimination, retaliation, and wrongful constructive termination against a technology company.
Plaintiffs were long-term purchasing employees in a Fortune 500 company. They alleged age and race discrimination in their selection for termination as part of a reduction in force during the first months of the COVID-19 crisis. The employer asserted defenses of legitimate business reasons, failure to mitigate, and lack of corroboration/direct evidence of discriminatory conduct.
A car dealership employee alleged race and disability discrimination, harassment, retaliation, and wrongful termination, as well as wage and hour violations.
A hotel executive alleged race and sex discrimination and wrongful termination in violation of public policy.
A latinx accounts payable worker in the aerospace manufacturing industry alleged race and national origin discrimination and harassment, illegal English-only policy, violation of section 1102.5 of the Labor Code, and retaliatory wrongful termination based on workplace safety concerns raised about COVID-19 protocols.
A teenage fast-food employee alleged sexual harassment, sex discrimination, retaliation, wrongful termination, and wage and hour violations.
Multi-party mediation of 11 separate employees' cases. They were cocktail servers alleging sex, age, and race discrimination, as well as wrongful termination. Cases required extensive follow-up and were resolved in their entirety by global resolution almost three months after the initial two-day mediation session via a complex mediator's proposal.
Pharmaceutical sales representative alleged sexual harassment, disability discrimination, including failure to accommodate and failure to engage in the interactive process, and wrongful termination in violation of public policy. Defendant asserted the defense of undue hardship and RIF, as its legitimate business reasons for the termination.
Employees of a medical practice alleged failure to hire by acquiring entity based on age and disability discrimination and their previous assertion of their rights to time off under various leave laws.
A clerical worker at a trucking company alleged race discrimination, racial harassment, wage and hour violations, and wrongful termination.
A long-term employee of a delivery company alleged disability and age discrimination, along with wrongful termination in violation of public policy. The employer alleged the defense of a reduction in force as a legitimate business reason for terminating the employee.
A custodian in a hospital alleged disability discrimination, sexual harassment, and wrongful termination in violation of public policy.
A beverage packaging line worker alleged racial harassment, failure to prevent harassment, and intentional infliction of emotional distress.

ERISA

ERISA class action alleging breach of fiduciary duty and "continuing breach" theory of liability with potential statute of limitation defense based on "actual knowledge" and argument based on "subsequent breaches of a similar nature."

Family Leave Act

Executive assistant asserted FMLA and CFRA interference, retaliation, and wrongful termination.
A medical assistant in a closely held medical facility needed time off to be with her child who was in the hospital after suffering seizures. When she was ready to return to work, she was not reinstated to the same position and was told that if she did not take an alternative position she would be laid off. She alleged retaliation, violation of CFRA, including CFRA interference, and wrongful termination.
A lawyer alleged that her law firm employer retaliated against her and failed to accommodate her after she took FMLA/CFRA maternity/baby bonding leave of absence and needed to extend her leave for physical disability issues. The employer asserted defenses of failure to mitigate and job abandonment.
An administrative assistant working for a government contractor alleged retaliatory wrongful termination in violation of the CFRA, FMLA, ADA, and the FEHA's disability discrimination provisions.
An executive director of a non-profit alleged violation of CFRA and FMLA, disability discrimination, including failure to engage in the interactive process to reasonably accommodate, and retaliation in violation of the FEHA and section 1102.5 of the Labor Code.

Hostile Environment

A long-term female executive employee of a Fortune 500 company alleged age and sexual harassment and discrimination, as well as retaliation for complaining, under the FEHA and Title VII.
A long-term employee of a closely held corporation asserted claims of hostile work environment, wage and hour violations, and wrongful termination under FEHA, section 1102.5 of the Labor Code, and common law.
Long-term employee in a closely held medical corporation alleged continuing violation of doctrine, sexual harassment, wage and hour violations, and intentional infliction of emotional distress.
Multi-plaintiff case alleging sexual harassment and wrongful termination under FEHA based on race, national origin, sex, and age.
A long-term executive employee of a real estate finance company alleged retaliatory termination, sexual harassment, wage and hour violations, and defamation.
Registered nurse alleged sex discrimination and harassment, violation of sections 1102.5 and 3610 of the Labor Code, and wrongful termination in violation of public policy against a medical facility.
Sales employee alleged her employer failed to provide lactation accommodation, harassed and discriminated against her based on her sex, and wrongfully terminated her employment in violation of public policy.
A female security dispatcher alleged sexual harassment, race harassment, and retaliation under the Fair Employment and Housing Act.
An accounting employee at a closely held corporation alleged sexual harassment, sexual assault, and wrongful constructive termination. The employer asserted the defense of consent.
A waitress in a hotel restaurant alleged sexual harassment, failure to prevent, retaliation, and wage and hour violations. The employer asserted a defense that it is not liable for the off-duty conduct of its employees.

Labor Code

A hotel employee alleged wrongful termination under section 1102.5 of the Labor Code, as well as wage and hour violations for failure to provide rest breaks and meal periods.

PAGA

PAGA representative action concerning assistants in the entertainment industry, alleging denial of meal breaks, denial of rest breaks, failure to reimburse expenses, and illegal "off the clock" work.
PAGA representative actions and multiple single plaintiff wage and hour arbitrations where arbitration agreement precluded class actions. Legal issues included piece-rate pay structure, alleged failures to provide meal breaks, failure to pay rest breaks, Labor Code 226 and 2802 violations, and waiting time penalties.
Outside salesperson for large retail chain alleged wage and hour violations, race discrimination, and retaliation during a corporate reorganization/reduction in force that resulted in the salesperson's termination.
Logistics warehouse workers alleged rounding and meal period violations against their alleged joint employers. Negotiated the settlement of the PAGA action as well as the contribution of each of the defendant entities.
PAGA representative action in the retail mercantile industry alleging violation of the suitable seating requirements in section 14 of IWC Wage Order 7-2001.
A janitorial worker alleged PAGA action for meal and rest period violations, other wage and hour violations, disability discrimination, and wrongful termination.
PAGA collective action against temp-to-hire/permanent placement company alleging, among other things, off-the-clock work, meal and rest break violations, paystub violations, and violation of section 2802 of the Labor Code.
PAGA plaintiff alleged meal and rest break violations, off-the-clock work, failure to pay business expenses, and paystub violations against a logistics facility. Analysis included the de minimus doctrine and discussion of the arbitration provision's likelihood to vitiate the entire claim in light of the Supreme Court's pending Viking River Cruises case.
Restaurant worker alleged individual claims of sexual harassment and retaliatory termination, in addition to her suit for PAGA penalties based on violation of sections 203, 204, 218.5, 218.6, and 226 of the Labor Code.
A fashion designer alleged ethnic and race discrimination, breach of contract, violation of section 970 of the Labor Code, negligent misrepresentation, wrongful termination, and PAGA violations. The employer asserted the defense of legitimate business reasons including a substantial reduction in force.
Fast-food workers alleged PAGA violations stemming from off-the-clock work, meal and rest break violations, incorrect regular rate of pay for overtime calculation, inaccurate paystubs, and Labor Code section 203 violations.

Pregnancy Discrimination

Arbitration of a pregnancy discrimination case against an automotive dealership.
Pregnancy Disability/CFRA/Failure to accommodate case against a closely held corporation in the building and construction business.
A loan processing employee alleged pregnancy discrimination, disability discrimination, retaliation, and wrongful termination in violation of public policy against a mortgage brokerage. The brokerage asserted factual defenses of the employee's failure to engage in the interactive process and undue burden.
A logistics employee alleged pregnancy and sex discrimination, violation of the Pregnancy Disability Leave Law, wrongful termination in violation of public policy, and wage and hour violations.
A cyber-security employee alleged equal pay violation, sex and pregnancy discrimination, and wrongful termination in violation of public policy.
A medical technician alleged negligent hiring and supervision, disability discrimination, failure to engage in the interactive process, failure to reasonably accommodate, failure to prevent discrimination, retaliation, and wrongful termination in violation of public policy. The employer asserted the COVID-19 crisis as its legitimate business reason for the adverse employment actions against the plaintiff.
A retail worker alleged pregnancy, disability, sex discrimination, and wrongful termination in violation of public policy.

Retaliation

Certified Nursing Assistant (CNA) in an elder care facility alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and negligent hiring, retention, and supervision.
A mechanical maintenance technician alleged religious and disability discrimination against a manufacturer, who claimed a valid reduction in force as its legitimate business reason for the termination decision.
A clerical worker at a healthcare facility alleged disability discrimination and retaliatory wrongful termination for taking leave for a workplace injury. The employer alleged a reduction in force (RIF) as its legitimate business reason for the termination, and it asserted that Plaintiff's absolute failure to mitigate damages negated any economic loss.
A long-term employee in the aerospace industry alleged race discrimination and retaliation under the FEHA and section 1102.5 of the California Labor Code.

Sexual Harassment

A registered nurse alleged sexual harassment, sexual assault, retaliation, failure to prevent, negligent hiring, retention, and supervision, and intentional infliction of emotional distress against a medical doctor and health care facility.
An automobile finance employee alleged sexual harassment, retaliation, wrongful termination, and wage and hour violations against a closely-held used car dealership.
Sexual harassment, retaliation, and constructive termination case against a small business, wherein allegations of harassment were made against a male supervisor/owner and allegations of retaliation and wrongful constructive termination were made against the owner's wife. A high level of sensitivity to the parties was required in all rooms.
Male on male sexual harassment, sexual assault, and intentional infliction of emotional distress alleged by housekeeping worker against a large corporation.
Sexual harassment and assault allegations by a female executive against an entertainment company.
An automotive sales employee alleged male-on-male sexual harassment by a colleague.
A female clerical employee of a medical corporation alleged sexual harassment, discrimination, invasion of privacy, and sexual battery by the male founder of the corporation.
Female security guard in the hospitality industry alleged sexual harassment and sexual assault by supervisor.
Minor fast-food worker alleged sexual harassment and sexual assault by supervisory employees.
Administrative employee of CPA firm alleged sexual harassment and retaliation in violation of the Fair Employment and Housing Act.
Arbitration of sexual harassment case.
Paralegal alleged sexual harassment and retaliation against a law firm and a named partner in the firm.
Government relations executive alleged sexual harassment, retaliation, and wrongful termination.
Sanitation worker in a factory setting alleged sexual harassment and retaliation under the Fair Employment and Housing Act and wrongful termination in violation of public policy.
An after-school teacher alleged sexual harassment and wage and hour violations against a non-profit school.
A chef in a restaurant alleged sexual harassment by her kitchen co-workers, along with race discrimination, retaliation, and wrongful termination.
A legal secretary alleged a hostile work environment sexual harassment and retaliation for participating in a workplace investigation.
A logistics employee alleged sexual harassment and wrongful constructive termination of her employment.
An automotive salesperson alleged quid pro quo and hostile work environment sexual harassment.
A supermarket cashier alleged sexual harassment, religious harassment, intentional infliction of emotional distress, and wrongful constructive termination of employment.
An administrative assistant at a construction company alleged that the president of the company sexually harassed her after a consensual affair came to an end. The employer asserted the conduct was entirely consensual.
A waitress in a closely held restaurant corporation alleged sexual harassment, failure to prevent, and wrongful constructive termination in violation of public policy.

Sexual Harassment And Retaliation

A management employee in a logistics facility alleged sexual harassment, failure to prevent, retaliation for engaging in protected conduct, and wrongful termination in violation of public policy. The employer asserted defenses of good faith business reasons for the termination.

Wage and Hour

Salesperson for a chemical manufacturer alleged failure to pay wages and commissions, waiting time penalties, fair pay violations fraud, breach of contract, and quantum meruit.
A store manager alleged that she was misclassified as an exempt employee and asserted wage and hour claims that included failure to pay overtime, meal break and rest break violations, inaccurate wage statements, unlawful wage forfeiture, and waiting time penalties.
A behavioral interventionist worker alleged disability discrimination, FMLA/CFRA retaliation, and wage and hour violations against a behavioral health care entity.
Computer engineer alleged violations of wage and hour law, including failure to properly pay overtime, failure to provide meal and rest breaks, and wrongful retaliatory termination for complaining about failure to pay wages in violation of section of 1102.5 and the wage and hour provisions of the Labor Code.
A female project engineer in the construction industry alleged harassment and discrimination based on sex and pregnancy and violation of the Equal Pay Act.
A restaurant server alleged failure to pay wages (tips), waiting-time penalties, conversion, and unfair business practices in violation of section 17200 of the Business and Professions Code against her former employer, a restaurant franchisee.
Inside salesman alleged failure to pay wages and other wage and hour violations, age discrimination, wrongful termination, and retaliation in violation of section 1102.5 of the Labor Code.
A construction worker alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process to reasonably accommodate, as well as wage and hour violations. The employer asserted that the plaintiff was not a qualified individual with a disability.
Automotive industry insurance sales representative alleged disability discrimination, wrongful termination, and misclassification, leading to overtime and waiting time violations.

Wage and Hour Class Action

Class action alleged wage and hour violations including rounding, off-the-clock time, missed meal and rest breaks, and violations of PAGA. Among other defenses, the employer asserted the federal enclave doctrine.
A complex wage and hour class and PAGA action on behalf of aeronautic mechanics, alleging meal and rest break violations, failure to pay overtime, uncompensated on-call time, failure to provide one day's rest in seven days, wage statement violations, and unfair business practices.
Apartment managers alleged PAGA and class action wage and hour claims against a real estate company. The employer alleged defenses including its having obtained subsequent class action waivers and the implications of another case now pending before the U.S. Supreme Court.
Wage and hour class and PAGA action alleging off-the-clock work, unpaid overtime, waiting time penalties, and incorrect wage statements, among other alleged violations. The employer asserted defenses based on class action waivers in arbitration agreements and pendency of the Viking River Cruises case before the Supreme Court.
In a class action and PAGA representative action, gardening and arborist employees alleged meal and rest break violations, off-the-clock work, overtime violations, failure to pay minimum wage, waiting time penalties, and PAGA penalties.
Non-exempt bank employees alleged class and PAGA claims for failure to pay regular rate of pay for meal and rest period premiums, as well as sick pay, failure to reimburse expenses, and wage statement violations.
Inside salespersons at a technology company alleged failure to pay overtime, off-the-clock work, failure to provide meal and rest breaks, and misclassification.
An electrician in a manufacturing plant alleged PAGA and class claims based on failures to provide meal and rest breaks, failure to pay overtime, unreimbursed business expenses, and off-the-clock work.
Restaurant workers alleged meal and rest period violations, off-the-clock work, failure to pay overtime, and waiting time penalties.
Car wash employees asserted class and PAGA claims, including off-the-clock work, failure to pay overtime, failure to properly calculate the regular rate of pay, meal and rest period violations, and pay stub violations.

Whistleblower Wrongful Term

An insurance underwriter alleged wrongful termination against an insurance agency under California's whistleblower statute for raising concerns about insurance code violations. The plaintiff also asserted claims for common law fraud and violation of section 970 of the Labor Code.
Tax preparer asserted sex discrimination and whistleblower retaliation claims against CPA firm. The employer claimed legitimate good-faith reasons for the termination that included malfeasance involving false statements to taxing authorities.
A long-term executive employee of a health care entity alleged age and sex discrimination, wrongful termination in violation of public policy, and whistleblower retaliation under section 1102.5 of the California Labor Code for objecting to alleged violations of Stark Act and anti-kickback statute.
A salesperson in the cannabis industry alleged retaliatory termination in violation of the California whistleblower statute section 1102.5 of the Labor Code.
An X-ray technician alleged disability discrimination, failure to accommodate and engage in the interactive process, and retaliation under FEHA and section 1102.5 of the Labor Code.
Biotech executive alleged whistleblower retaliation for objecting to omissions of information in a presentation to regulators, sex discrimination, and harassment. The employer asserted defenses of the plaintiff's lack of a reasonable good faith belief in the illegality of the alleged conduct and legitimate business reasons for the employee's termination.
Tow truck driver alleged whistleblower retaliation and wage and hour violations against towing company.
An admissions officer at a religious post-secondary school alleged race discrimination, wrongful termination in violation of public policy, violation of section 1102.5 of the Labor Code, violation of the Bane Act, and violation of the Ralph Act.

Wrongful Term & Discrimination

Disability discrimination and wrongful termination allegations by a school teacher against a religious entity. The case implicated issues involving the ministerial exemption and alternative avenues of employment law liability against religious educational institutions.
A long-term nursing home employee asserted claims of disability discrimination and retaliatory wrongful termination under section 1102.5 of the Labor Code and section 1278.5 of the Health and Safety Code.
A long-term retail salesperson alleged race, national origin, and age discrimination claims, as well as meal and rest break violations against a national clothing store.
Food service workers at a closely held grocery corporation alleged wage and hour violations, disability discrimination, failure to engage in the interactive process, and retaliation under section 1102.5 of the Labor Code.
Associate in a mid-sized law firm alleged sex discrimination, whistleblower retaliation, and wrongful termination.
Patient care worker in health care facility alleged race and age discrimination in in the imposition of written discipline as well as his termination.
Resolved three discrete actions concurrently: the complaint as well as cross-complaint as to both plaintiff and defendant employer in a discrimination, retaliation, defamation, and wage and hour cause of action against a fortune 500 company.
A media marketing executive alleged age discrimination, sex discrimination, breach of contract, and violation of the Fair Pay Act and Equal Pay Act.
Estimator for contracting company alleged sexual harassment by a co-worker at an after-hours dinner off-premises and wrongful constructive termination. The employer asserted defenses of avoidable consequences and no strict liability for the off-duty conduct of a co-worker.
A Certified Nursing Assistant asserted claims of age and disability discrimination, whistleblower retaliation under section 1102.5 of the Labor Code, and wrongful termination in violation of public policy against a residential care facility.
Attorney employee alleged wrongful termination in violation of public policy and violation of section 1102.5 of the California Labor Code against a law firm.
Corporate controller alleged whistleblower retaliation for complaints about illegal accounting practices of closely held corporation, including passing personal expenses through the business. Employer alleged defense that the controller's inappropriate behavior led to controller's termination.
A human resources manager alleged sexual harassment, race discrimination, and wrongful termination against a closely held medical corporation.
Package handler in logistics facility alleged disability discrimination, disability harassment, retaliation, and wrongful termination in violation of public policy.
Meat-cutting worker in supermarket alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, violation of the FMLA/CFRA, and wrongful termination in violation of public policy.
An employee in the cannabis industry alleged disability discrimination, failure to accommodate and engage in the interactive process, wrongful termination in violation of public policy, and violation of wage and hour laws including waiting time penalties, pay stub violations, failure to give meal and rest breaks, and overtime violations.
A warehouse worker alleged sexual harassment, sexual orientation discrimination, retaliation, and wrongful termination in violation of public policy.
Long-term groundskeeping employees of a retirement community alleged discriminatory wrongful termination based on national origin, disability, and age, as well as wage and hour violations involving overtime and waiting time penalties.
Industrial bakery worker alleged failure to accommodate and wrongful termination after she was let go following the conclusion of her workers' compensation case.
Port services executive alleged retaliatory wrongful termination and sexual harassment. Defendant asserted defenses of after-acquired evidence and failure to mitigate.
A mechanic alleged age discrimination, disability discrimination, failure to prevent discrimination, and wrongful termination in violation of public policy. The automotive employer alleged that Plaintiff's termination was a legitimate business decision as part of a reduction in force.
A surgical technician alleged disability discrimination, including failure to engage in the interactive process, and wrongful termination in violation of public policy for exercising rights under federal and state leave laws.
A long-term machinist employee in a closely held parts manufacturer alleged age and sex discrimination and harassment.
A medical employee in a correctional facility alleged disability discrimination, race discrimination, and retaliation under FEHA as well as wrongful termination in violation of public policy.
A long-term management-level employee of a logistics facility alleged age discrimination, whistleblower retaliation, and wrongful termination.
A bank manager alleged sex and race discrimination, race harassment, retaliation for supporting a subordinate's harassment complaint, and wrongful termination in violation of public policy.

Wrongful Term Covid-19

A long-term automotive employee alleged age discrimination in the termination of his employment. The employer alleged defense of the COVID-19 crisis causing a large-scale reduction in workforce as its legitimate business reason for the termination decision.
An administrative employee for an employee placement agency alleged pregnancy, disability, and sex discrimination, retaliation, and wrongful termination in violation of public policy. The employee's requests for disability accommodation related to COVID-19 susceptibility.
An administrative employee for an employee placement agency alleged pregnancy, disability, and sex discrimination, retaliation, and wrongful termination in violation of public policy. The employee's requests for disability accommodation related to COVID-19 susceptibility.
A food warehouse worker was terminated after the employer alleged he failed to return to work after he took time off for COVID-19 exposure. Employee alleged claims of disability discrimination, failure to engage in the interactive process, violation of CFRA/FMLA, and wrongful termination in violation of public policy.
Plaintiff took a CFRA leave of absence to care for an ailing parent in a foreign country just prior to the COVID-19 pandemic. Plaintiff was unable to return to the United States promptly following the CFRA leave and sought a disability accommodation to work remotely, abroad. Plaintiff refused to return to work promptly and was terminated. The employer asserted defenses of undue hardship, the employee was not a qualified individual with a disability, and the leave sought was of indefinite duration and therefore unreasonable.
A supervisor of sales representatives alleged wrongful termination under the sick leave provisions of the Labor Code and COVID-19 regulations, as well as wage and hour violations.
A registered nurse alleged disability discrimination and wrongful termination in violation of public policy for taking time off for COVID-19-related issues for herself and her family members.

Wrongful Termination

Hospitality marketing employee alleged disability discrimination and wrongful termination, including failure to accommodate and engage in the interactive process to reasonably accommodate.
A private religious school employee alleged discrimination, retaliation, and wrongful termination. The negotiation covered issues involving ministerial privilege, the First Amendment, the implied covenant of good faith and fair dealing, anti-discrimination law, and whistleblower statutes.
A server in a restaurant claimed sexual harassment, sexual identity discrimination, and wage and hour violations.
Plaintiff was employed in the transportation field. He alleged that he was transferred and terminated for making complaints about safety violations that endangered himself as well as the public.
A fast-food worker alleged sexual harassment, failure to prevent harassment, retaliation, wrongful termination, and unfair business practices against the employer and individual defendant (alleged harasser).
A groundskeeper alleged age and disability harassment, discrimination, retaliation, and wrongful termination against a country club.
A retail store employee alleged discrimination based on race and national origin and retaliatory wrongful termination based on asserting rights to sick time off.
Disability discrimination, retaliation, and wrongful termination allegations by a fabrication lead against a manufacturing company.
A car salesman asserted claims for wrongful termination and whistleblower retaliation founded on alleged complaints about deceptive sales practices by a car dealership.
Claim by room attendant against a large hotel corporation, alleging wrongful termination, disability discrimination, and violations of wage and hour and sick leave laws.
Disability discrimination, failure to engage in the interactive process, and Labor Code retaliation matter against a non-profit.
A fast-food worker alleged wage and hour violations and retaliatory termination under sections 6310 and 1102.5 of the Labor Code.
An employee in the automotive and tire industry alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation, wage and hour (meal and rest break) violations, and wrongful termination in violation of public policy.
A warehouse worker alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy.
A long-term employee of a closely held hardware company alleged age and disability discrimination and wrongful termination in violation of public policy based on section 233 of the California Labor Code and FEHA. The employer asserted defenses of legitimate business reasons, including a large-scale reduction in force due to the COVID-19 crisis.
A customer service representative in the automotive industry alleged race, national origin, and disability discrimination, wrongful termination in violation of public policy, and wage and hour violations.
A caregiver at a senior living facility alleged wage and hour violations, wrongful termination in violation of public policy, and whistleblower retaliation in violation of section 1102.5 of the Labor Code.
A construction worker alleged wage and hour violations and wrongful termination and disability discrimination, claiming he was terminated after acquiring COVID-19.
A retail security guard alleged disability discrimination, failure to engage in the interactive process, and wrongful termination in violation of public policy.
Installation technician alleged age discrimination, disability discrimination, violation of CFRA, and meal and rest break violations. The employer alleged legitimate business reasons supported the termination decision and its policies and practices for meal and rest breaks were compliant with California law.
A human resources employee for a large retailer alleged CFRA/FMLA interference and retaliation, disability discrimination, failure to prevent discrimination and retaliation, and wrongful termination in violation of public policy. The employer asserted defense of admitted policy violation as a legitimate business reason for the termination decision.
A food service manager alleged disability discrimination, CFRA retaliation, and wrongful termination in violation of public policy. The employer asserted the defense of job elimination as a legitimate business reason for the termination.
A construction worker employee of a closely held construction firm alleged wage and hour violations, disability discrimination, and wrongful termination.
Four industrial employees alleged defamation and wrongful termination. The employer's defenses included arguments about the applicability of the attorney-client privilege that might attach during an executive session of a board of directors' meeting.
IT executive alleged wrongful discriminatory and retaliatory termination based on sex, race, and complaining about sex discrimination against automotive finance corporation.
An automotive general manager alleged disability discrimination, retaliation for asserting rights under leave laws, wage and hour violations, and wrongful termination. The employer alleged defenses of job abandonment and legitimate business reasons for discipline.
Construction laborer alleged wage and hour violations including failure to pay overtime, failure to provide meal and rest breaks, failure to maintain accurate pay records, failure to provide wage statements, violation of section 1102.5 of the California labor code, and wrongful termination in violation of public policy.
Engineer with significant hearing loss alleged disability discrimination, retaliation, and wrongful termination.
Dental assistant alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, and wrongful termination in violation of public policy against a non-profit federally qualified health center (FQHC). The FQHC asserted defense that it had the legitimate business reason of a reduction in force during the COVID-19 crisis.
A management employee of a plumbing parts manufacturer alleged failure to engage in the interactive process and wrongful termination.
A retail sales associate alleged disability, race, and ancestry harassment, disability discrimination, failure to accommodate, failure to engage in the interactive process, intentional infliction of emotional distress, and wrongful termination.
A food services hostess alleged disability discrimination, including failure to accommodate and failure to engage in the interactive process, retaliation, and wrongful termination.
A machinist in an aerospace manufacturing company alleged age discrimination and retaliation for asserting rights under the Fair Employment and Housing Act and wrongful termination in violation of public policy. The employer alleged it had good cause to terminate the employee for repeated tardiness and no-call/no-show violations.
The manager of a company in the construction industry alleged sex discrimination, retaliation, and failure to prevent under the FEHA, as well as violation of section 1102.5 of the California Labor Code and wrongful termination in violation of public policy.

Tort

PI Auto

Arbitration of underinsured motorist claim.

PI Sexual Assault

Plaintiff alleged sexual assault by a ride-share driver and negligence by the ride-share company, giving rise to a variety of legal issues, including common carrier liability standard, respondeat superior, and course and scope of employment/agency.

Neutral Profile

GAIL A. GLICK, ESQ.

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GAIL A. GLICK, ESQ.

GAIL A. GLICK, ESQ.

Introduction

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Experience Summary

Legal Career

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Business/Commercial

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Employment

A D A

Constructive Discharge

Disability

Discrimination

ERISA

Family Leave Act

Hostile Environment

Labor Code

PAGA

Pregnancy Discrimination

Retaliation

Sexual Harassment

Sexual Harassment And Retaliation

Wage and Hour

Wage and Hour Class Action

Whistleblower Wrongful Term

Wrongful Term & Discrimination

Wrongful Term Covid-19

Wrongful Termination

Tort

PI Auto

PI Sexual Assault

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