Mediation Experience

Direct experience with results

Jan Frankel Schau has extensive experience mediating a wide variety of cases. Sample fact patterns and types of cases are below.

mediation

Employment

  • Arbitration of sexual abuse by co-worker (against employer)
  • Sexual harassment: allegation of supervisor attempted sexual abuse with defense of consensual affair in restaurant setting
  • Age discrimination: long time manager replaced by younger person in alleged reduction in force at major automotive center
  • Wage and hour: 6 restaurant workers alleging violation of meal and rest breaks
  • Wage and hour: arbitration of overtime and meal and rest break violations against major retail chain
  • Partnership dispute between brothers/owners of insurance business
  • Male victim of sexual violation by male supervisor/executive following a holiday party
  • Overtime claim and retaliation for complaining against a studio executive after being transferred out of state
  • Wrongful termination of long-time disabled teacher whose contract was not renewed after a full year on disability before the next academic year began
  • Race discrimination alleged against an African-American owned security company.
  • Wrongful termination in retaliation for whistleblowing against a large, national Charitable organization
  • Wrongful termination based upon age discrimination brought by a Sheriff against a governmental agency
  • Pregnancy and gender discrimination brought against a major engineering firm where the Plaintiff was in an extreme minority as a woman

Discrimination

  • 52-year old Vietnamese CPA downsized and alleged age & ethnic discrimination.
  • Lesbian woman executive over 40 sued government agency for wrongful termination and discrimination; defenses included wrongdoing at work regarding protecting her lover’s employment.
  • Several cases involving disabled employees suing employers (including governmental entities) for wrongful termination in retaliation for taking time off for disability.
  • Two Hispanic executives claiming ethnic discrimination and wrongful termination at an agricultural manufacturing company.
  • “Failure to accommodate” claim against school district by deaf school teacher.
  • Wrongful termination from pregnancy, and other pregnancy discrimination matters.
  • Wrongful termination/discrimination on the basis of gender orientation.
  • Wrongful termination against a major charitable organization based on a claim of age discrimination.
  • Misclassification and overtime by a marketing agent who had an oral contract to represent a physician but claimed to be an employee who worked independently many hours without compensation as an employee over a period of years.
  • Disability discrimination based upon replacement of a long-time employee suffering from stress after one year’s leave of absence.
  • In-house employment grievance against public carrier for refusal to grant a bonus in the customary amount based upon a finding that the team on which he worked had falsified documentation at the direction of a supervisor.
  • Wage and hour claim brought by a ranch hand who lived on the ranch full time and did not document hours in any way.
  • Gender discrimination by a young woman against an older female supervisor on grounds that the older supervisor did not permit younger (or any) women to show their “feminine side”/emotions at work resulting in multiple complaints and a constructive discharge.
  • Age discrimination against a major tech company for wrongful termination of a 58 year old woman with 17 years experience by her 32 year old supervisor
  • Wrongful termination in pregnancy discrimination based upon termination after 4 months leave of absence prior to delivery and then a requested 4 months baby bonding time.
  • Current employee brings claim for retaliation for complaints of failure to engage in the interactive process against County.

Wrongful Termination

  • Wrongful termination in violation of executive compensation agreement.
  • Wrongful termination based upon foreign ancestry.
  • Wrongful termination based on immigration status.
  • Wrongful termination against a public entity based upon civil rights investigation.
  • Wrongful termination following allegedly inaccurate positive drug test.
  • Major litigation against governmental entity for wrongful termination in violation of public policy as a result of controller reporting money management violations on a major construction project.

Retaliation/Whistleblower

  • Veterinarian who alleged wrongful termination in retaliation for reporting violations regarding animal care practices.
  • Religious discrimination.
  • Pregnancy discrimination.
  • Major litigation against public entity for demotion of high level police officer in retaliation for whistleblowing.
  • Wrongful termination in retaliation for bringing lawsuit against co-franchisee.
  • Retaliation for bringing lawsuits previously against major communications provider.
  • Wrongful failure to hire in retaliation for recurrence of cancer (as litigator).

Wage & Hour

  • Hispanic dishwashers who alleged wage & hour violations against restaurant. Defenses included claim that one woman was the victim of domestic violence and therefore took refuge at the restaurant, even while not working.
  • Mulit-party wage and hour against a national retail chain.
  • Construction laborers alleged they were retaliated against based upon complaints of failure to comply with wage & hour requirements on a construction project.
  • Wage & hour case against employer of “domestic”, including “slavery” allegations.

Torts & Personal Injury

  • Legal Malpractice arising out of alleged bad advice in drafting will, resulting in substantial and avoidable tax consequences to heirs
  • Legal malpractice arising out of failure to ensure confidentiality in the settlement of an employment dispute—resulting in the employee/Plaintiff’s having a negative employment record
  • Auto v Auto where personal injury belatedly discovered and minimal insurance policy only available
  • Auto v Auto where defense disputed causation of the injury alleged by a young woman who was an attorney for the insurance company who insured the adverse driver.
  • Defamation where a woman claimed her reputation had been harmed by a false posting on social media regarding her personal extra-marital affairs
  • Legal malpractice and Fee dispute arising out of a divorce with allegations of over-charging without achieving desired result
  • Dog bite
  • Motor vehicle
  • Defamation
  • Business torts, including trade secret and unfair competition
  • Wrongful death of young woman who took her own life after allegedly being discharged prematurely from a residential treatment facility, resulting in a multi-million dollar settlement
  • School yard battery arising out of alleged lack of proper security
  • Traumatic injury to adult arising out of bicycle accident on public property
  • Sexual assault and battery as well as emotional distress against a theme park for the alleged touching of a member of the public by an employee in a seasonal “fun house”.

Business

  • Air conditioning manufacturer v. auto sales establishment who claimed they loaned equipment which was neither returned nor paid for during the repair on the auto company’s equipment, resulting in substantial interest and penalties.
  • Franchisor v. Franchisee dispute regarding marketing assistance and franchise fees
  • Breach of contract for alleged unlawful copying of jewelry design for retail sales
  • Sales of Business and Lease which was allegedly based upon fraudulent accounting

Real Estate

  • Neighbor/neighbor dispute where elderly neighbor claims abutting neighbor has destroyed her right to light, air and security by allowing their hedges to grow beyond the city ordinance (pre-litigation).
  • Commercial landlord and tenant dispute arising out of permissible use of parking area adjacent to leased property
  • Alleged misrepresentation of square footage on residential real estate against owner and broker
  • Construction defects and financial overruns on public works project
  • Residential real estate sales transaction arising ut of allegations of fraudulent misrepresentation as to lot line.

Product Liability

  • Home Products including Subrogation
  • Brain injury due to hypoxia allegedly resulting from cosmetic surgery
  • Accounting Malpractice resulting in legal defense costs in business action

Civil Rights

  • Use of excessive force by police resulting in gun shot to leg of convicted felon
  • Use of excessive force by police and alleging false imprisonment for gang-related congregating
  • Wrongful arrest of youth for possession of marijuana with medical prescription

Arbitration

Jan Schau also serves as an Arbitrator through ADR Services, American Arbitration Association and Kaiser Permanente.  A sampling of arbitrated matters includes:

  • Wrongful Termination in retaliation for Whistleblowing
  • Wrongful Termination in Retaliation for reporting Sexual Harassment
  • Breach of Revolving Credit Card Debt
  • Wrongful Death of an Infant in Hospital (Medical Malpractice)
  • Pre-litigation real estate sales transaction
  • Auto v Auto (and Subrogation)