MyKhanh Shelton, Esq.

• Sales Compensation and Retaliation Dispute
  A sales manager brought claims against her employer alleging breach of contract arising from a compensation agreement governing commissions and bonuses. She contended that the employer failed to pay compensation owed under the agreement and that her employment was terminated after she raised concerns about unpaid wages. Based on these allegations, she asserted claims including breach of contract and retaliation. The employer denied the claims, disputing both the interpretation of the compensation agreement and the alleged unpaid amounts. The employer also maintained that the employee’s internal complaint regarding commissions and bonuses did not constitute protected whistleblower activity and that the termination decision was based on legitimate business reasons.
  
• Harassment Complaint, Retaliation, and Termination Dispute
  An employee of a transportation company operating across California reported alleged racist and harassing conduct by a supervisor. Following an internal investigation, the supervisor was transferred to a different facility. The employee later contended that the employer’s response was inadequate and that the harassment continued. After the employee’s employment was terminated for cause, the employee asserted claims for retaliation in violation of FEHA, whistleblower retaliation under Labor Code §1102.5, and wrongful termination. The employer denied the allegations, maintaining that it conducted an appropriate investigation, implemented reasonable remedial action, and that the termination decision was unrelated to the employee’s complaints.
  
• Gender Pay Disparity and Retaliation Allegations in Nonprofit Reorganization
  An employee of a nonprofit organization raised concerns about alleged gender-based pay disparities, with male colleagues expressing support for the concerns raised by female employees. The organization conducted an internal audit and concluded that no unlawful pay disparity existed. Shortly thereafter, as part of a reorganization, the employee’s position was eliminated. The employee alleged gender discrimination, retaliation, and related claims, contending that the job elimination was connected to the prior pay equity complaints. The nonprofit denied the allegations and maintained that the restructuring decisions were based on legitimate operational considerations.
  
• Disability Discrimination and Probationary Termination Dispute
  A newly hired employee informed Human Resources that she had been diagnosed with bipolar disorder and required medication. During her probationary period, she experienced a manic episode. Around the same time, she had multiple absences attributed largely to COVID-related and personal issues. The employer ultimately terminated her employment due to attendance concerns. The employee alleged disability discrimination, retaliation, and failure to prevent discrimination, harassment, and retaliation in violation of FEHA, among other claims. She contended that her diagnosis and related disclosures played a role in the termination decision. The employer denied the allegations and maintained that the decision was based on attendance and performance issues during the probationary period, unrelated to any protected status.
  
• Disability, Whistleblower, and Retaliation Claims Following Medical Leave
  A former employee sued a non-profit organization alleging disability discrimination, failure to prevent discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, retaliation, whistleblower retaliation under Labor Code § 1102.5, and wrongful termination. The claims arose from the employee’s return from FMLA/CFRA leave, with allegations that the organization failed to engage in the interactive process and denied additional leave as a reasonable accommodation before terminating employment. The non-profit denied the allegations and maintained that its actions were lawful and based on legitimate operational considerations.
  

• Disability, Discrimination, and Retaliation Claims in a Healthcare Setting
  A long-term employee of a hospital was terminated for alleged policy violations. The employee contended that the conduct leading to termination was caused by a disability and medication-related side effects, which she claimed should have triggered the interactive process and consideration of accommodation. Instead, she alleged wrongful termination, failure to engage in the interactive process, failure to accommodate, race discrimination, and retaliation. The hospital denied the claims and maintained that the termination was based on legitimate policy violations.
  
• Disability Discrimination, Retaliation, and Separation Dispute
  A senior sales executive at a technology company sought medical treatment following a panic attack and neck and back injuries that he attributed to workplace stress. He later asserted claims for workers’ compensation retaliation, disability discrimination, failure to engage in the interactive process, and wrongful termination. The employee contended that his medical condition and request for leave or accommodation contributed to the end of his employment. The employer maintained that the employee resigned after receiving negative performance feedback and denied any unlawful conduct. The mediation focused on disputed issues surrounding the circumstances of the separation, accommodation obligations, performance management, and potential exposure under employment and workers’ compensation retaliation laws.
  
• Employment Discrimination, Harassment, and Wage and Hour Claims at a Start-Up
  A social media marketing professional brought claims against a fast-growing start-up alleging sexual harassment, a hostile work environment, gender discrimination, and retaliation. The employee also asserted wage and hour claims, including misclassification as an exempt employee. The employer denied the allegations and disputed both liability and damages.
  
• Wage-and-Hour Class Action and PAGA
  Case Wage-and-hour class action and PAGA representative action involving a service-based business, with allegations including meal and rest break violations, unpaid overtime and minimum wages, inaccurate and missing wage statements, unreimbursed business expenses, and waiting time penalties. The case presented significant challenges, including competing interpretations of incomplete time and payroll records, reliance on sampling and extrapolation, and sharply divergent views of exposure based on statutory maximums versus likely judicial outcomes, particularly with respect to discretionary PAGA and wage-statement penalties.
  
• Pre-Litigation Mediation of Sexual Harassment Claim
  A former employee raised claims alleging sexual harassment and inappropriate conduct described as grooming. The employee contended that the conduct created an unlawful, hostile work environment. The employer denied all allegations and maintained that no harassment or improper conduct occurred. The mediation addressed sensitive and reputationally significant issues at an early stage, before litigation was filed.
  
• Wage and Hour Claims in the Restaurant Industry Employees brought a wage and hour action against a restaurant alleging violations related to meal periods, rest breaks, unpaid wages, waiting time penalties, and wage statement compliance. The employer disputed the claims, raising issues regarding scheduling practices, timekeeping, and compliance with applicable labor laws.
  
• Disability, Age Discrimination, and Wrongful Termination Claims
  A long-term employee with more than twenty years of service returned to work following a leave of absence for cancer treatment and a back injury. The employer determined he could not perform the essential functions of his position, with or without accommodation, and terminated his employment. The employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, age discrimination, and wrongful termination.
  
• An employee at a professional services firm experienced a significant mental health episode related to bipolar disorder, during which she sent a series of emails, texts, and voicemails that the employer viewed as inappropriate. Her employment was subsequently terminated. She alleged disability discrimination, failure to engage in the interactive process, and related claims arising from her employer’s response to her communications.
• Employee sued a healthcare provider and its PEO, alleging discrimination based on his ethnicity (Mexican) and retaliation. He claimed he was subjected to harsher scrutiny than non-Latino coworkers, unwarranted discipline, false accusations, and increased workload, with no response to his complaints. He also asserted wage-and-hour violations, including regular off-the-clock work, unpaid overtime despite working 55-hour weeks, and being required to perform tasks on days off without compensation.
• An employee of a catering company alleged wrongful termination, harassment, and race discrimination, along with multiple wage-and-hour violations involving overtime, meal and rest breaks, wage statements, and waiting time penalties. He claimed he was subjected to discriminatory treatment by the predominantly Latino ownership and staff. The employer denied all allegations.
• A retail store manager alleged age and disability discrimination, as well as retaliation. The company denied the claims, asserting she had violated store policies and was terminated only after multiple written warnings. Following procedural disputes that moved the case between arbitration and court, the matter ultimately resolved through settlement.
  
• Producers working on an unscripted reality television series alleged multiple wage-and-hour violations, including unpaid overtime and missed meal and rest breaks. The employer disputed the claims, asserting that all compensation practices complied with applicable law.
  
• A technology company executive alleged she was discriminated against based on race and gender and retaliated against after raising concerns. She later took a medical leave of absence. The employer investigated her complaints and maintained that it had acted appropriately, asserting she was treated the same as others and had not experienced any adverse employment action.
  
• Two individuals alleged that they were misclassified as independent contractors rather than employees, asserting claims related to wage-and-hour violations and associated damages. The defendant denied misclassification, disputing liability and challenging both the legal basis for the claims and the calculation of damages. Collectability and the defendant’s financial circumstances were also significant issues in the case. The parties reached a resolution that included a structured payment plan designed to address disputed damages while accounting for collectability concerns.
• A caregiver at a senior living facility alleged that she was harassed after reporting inappropriate conduct by colleagues, including her supervisor. She also claimed disability discrimination, failure to engage in the interactive process, and wrongful termination based on her disability and her complaints. The case raised sensitive issues around accommodation obligations, and the handling of internal complaints. Mediation provided an opportunity for both sides to address the underlying concerns and explore a resolution that balanced personal, legal, and organizational interests.
• A production employee brought multiple discrimination claims against his studio employer, alleging age and disability bias in his termination. The case involved complex accommodation issues and retaliation allegations. Resolved claims of age discrimination, disability discrimination, failure to accommodate, interactive process breakdown, retaliation, and wrongful termination.
• Employment dispute involving a police officer who claimed the department failed to promote him in retaliation for filing racial discrimination complaints about previous promotion denials. Resolved claims of retaliation, failure to promote, and racial discrimination.
• A driver terminated for alleged policy violations related to driving infractions brought disability-related claims against his employer. The case involved wage and hour issues alongside allegations of disability harassment, discrimination, and accommodation failures.
• Employment dispute involving a long-term city engineer who claimed her layoff was motivated by age discrimination and retaliation for refusing to approve permits she believed violated regulations. Resolved claims of age discrimination, whistleblower retaliation, and wrongful termination.
• An executive brought breach of contract and promissory estoppel claims based on alleged hiring commitments made during recruitment discussions. The dispute centered on whether verbal assurances during the hiring process created enforceable obligations when the anticipated position was never created.
• Employment dispute involving a mechanic on medical leave who was laid off when the city outsourced utilities functions to a private contractor. Resolved claims of age discrimination, disability discrimination, failure to accommodate, interactive process breakdown, and wrongful termination arising from termination during employee's protected leave.
• Plaintiff worked for Defendant for approximately 20 years as an electrical technician. Plaintiff alleges Defendant made inappropriate, unwelcome, racially charged, sexually charged, and extremely hostile and demeaning comments about and towards Plaintiff.
• Remote Work Accommodation Case
  Dispute between an employee with medical conditions and a company ending pandemic-era remote work policies. Employee requested continued remote work as accommodation while employer claimed they offered reasonable alternatives. Successfully managed emotional components reflecting broader societal tensions about return-to-office mandates.
• Nurse v. Hospital
  Sexual harassment and retaliation case where a nurse claimed she was forced to quit after reporting inappropriate workplace behavior. To optimize early mediation, the session was split into two separate days, which allowed for targeted discovery and investigation between sessions.
• Executive v. Media Company
  Settled a pre-litigation dispute involving a media executive who was the only person laid off during a company reorganization, which happened shortly after she returned from medical leave.
• Injured Employee v. Manufacturing Company
  A long-term employee claimed disability discrimination after being injured at work. Business owner felt betrayed by the lawsuit from someone he considered "family." Successfully managed emotional components and guided parties toward practical resolution.
• Domestic Worker v. Private Employer
  Resolved case involving a domestic worker who alleged multiple violations including unpaid wages, harassment, retaliation, physical assault, and emotional distress. Mediation required careful attention to cultural and socioeconomic differences between parties while addressing both employment law standards and the intensely personal nature of allegations.
• Production Employee v. Entertainment Studio
  Employment discrimination case brought by a Black production employee alleging racially motivated demotion. Successfully addressed both the specific employment decision and industry context where subjective creative assessments often complicate discrimination claims.
• Transgender Employee v. Advocacy Group
  Employment case brought by a transgender employee who claimed discrimination against an organization that specifically advocates for transgender rights. The employee felt betrayed by an organization meant to be an ally, while the nonprofit felt its very mission was under attack and strongly believed it needed to fight through trial to vindicate itself.
• Accounting Clerk v. Accounting Firm
  Settled employment case involving an accounting clerk terminated during medical leave. The case required addressing multiple intersecting issues, including race discrimination, disability accommodation and retaliation. Negotiations involved discussion of liability as well as a pragmatic risk assessment that quantified potential outcomes at various litigation stages.
• Whistleblower v. Construction Company
  Wage and hour retaliation case featuring directly contradictory termination narratives that created significant emotional barriers to resolution. The employee claimed he was fired for reporting labor violations, while the company maintained termination was due to inappropriate workplace conduct—allegations each side vehemently denied.
• Transportation Accommodation Case
  Resolved employment dispute between a transportation company employee and his employer involving claims of disability discrimination, failure to accommodate, and retaliation. Employee claimed discrimination after not being selected for a promotion and later being terminated for a safety policy violation.
• Executive v. Nonprofit
  Whistleblower, age and race discrimination case involving an older disabled executive who reported alleged illegal conduct by the nonprofit's leadership team to the board. After contentious litigation created high tensions at mediation, successfully helped parties work through anger and frustration toward practical resolution.
• Transgender Employee v. Hospitality Establishment
  Employment discrimination, harassment and retaliation case brought by a transgender woman against a hospitality business. After a failed first mediation attempt with another mediator left the parties distrustful, a new approach to negotiations and brackets narrowed the gap and helped the parties reach an agreement.
• Workplace Harassment Case at Cannabis Facility
  Settled a sexual harassment case against a cannabis company where the parties presented dramatically different interpretations of physical contact between coworkers. Employee claimed unwanted touching while employer presented evidence suggesting consensual interaction.
• Plumber v. Plumbing Company
  Whistleblower and constructive termination case where a plumber quit his job claiming he was pressured to participate in consumer fraud. Successfully employed bracketing techniques to narrow the significant gap in case valuation.
• Security Guard v. Security Company
  Race discrimination case brought by an unrepresented Black security guard who claimed his employer assigned him to isolated dangerous locations and repeatedly changed his shifts due to racial bias.

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