Mediated by AMERICORD^®

·         Plaintiff sued his former employer on theories of breach of contract, promissory estoppel and defamation, arising out of his termination.   He further alleged breach of an implied covenant of good faith and fair dealing, based on his claims that no explanation was offered for his discharge and no documentation supporting the employer’s work performance complaints was produced during his termination meeting. Defendant employer asserted numerous, documented problems with plaintiff’s work performance and maintained that he was an employee at will and denied making any promises about a long-term employment relationship.  Plaintiff’s alleged failure to mitigate his damages subsequent to his termination was also an issue.  The substantial gap in the parties’ pre-mediation positions was successfully bridged in a one-day session.

·          Several employees of a group residential facility brought an action against their employer alleging numerous acts of sexual harassment by a fellow employee.  The wide range of the perpetrator’s activities and individual plaintiffs’ outcome expectations had complicated resolution.  The case was settled after 22 hours of mediation over two consecutive days.

·          A large non-profit organization was sued by a former employee on theories of breach of contract and promissory estoppel.  Having been given a temporary, short-term assignment as a result of a departmental reorganization, plaintiff alleged that the employer had made assurances regarding a new, permanent position at the conclusion of a short-term reassignment.  However, plaintiff was terminated, based on the employer’s assertion that it had no job available.  Prior to the mediation the court had denied employer’s motion for summary judgment, and the parties were quite far apart when they agreed to mediate the dispute.  The matter was resolved in a one-day mediation.

·          Plaintiff alleged discriminatory discharge based on sexual orientation.  In its defense, the employer cited poor worked performance, which it asserted it had worked with plaintiff to correct, and which it had documented.  The complaint alleged numerous discriminatory remarks made by plaintiff’s supervisor.  Damages claimed included a substantial component for emotional distress.  With respect to damages, defendant employer disputed plaintiff’s being able to prove emotional distress, and argued that plaintiff could at best recover only minimal damages, having obtained new employment shortly after the termination.  This dispute included a significant emotional component that accounted for the large difference between the parties’ positions.  The case was settled in a one-day mediation.

·          The employment contract between a high technology company and plaintiff executive included substantial stock options.  A changed in top management, including a new CEO and head of plaintiff’s division, accompanied company growth.  Plaintiff resigned and attempted to exercise the options, based on a provision triggering the right to do so in the event of a substantial change of control of the company.  Defendant employer argued the options had expired with plaintiff’s resignation, and that a change in top management was not the change of control contemplated by the employment contract.  In addition, the employer had brought a counterclaim against plaintiff, alleging an unlawful disclosure of confidential and proprietary information, and asserted this claim as an additional defense to defeat recovery on the options.  This complex matter was settled in one very long day of mediation.