Hon. MARY FINGAL SCHULTE

TYPES OF EMPLOYMENT CASES HANDLED:

  • Wage and hour claims
  • Sexual harassment and gender discrimination
  • Failure to accommodate
  • Disability discrimination
  • Retaliatory termination
  • Employee versus independent contractor status


REPRESENTATIVE CASES:

  • Receptionist claimed owner of company made inappropriate advances and comments to her.  Owner/company denied all allegations and claimed she was doing a poor job and left voluntarily.

  • Director/CEO of company was charged with sexual harassment, and terminated from company.  Company was sued by CEO and reinstated director/CEO.  Company sued lawyer for advising its board that CEO should be terminated.  Company claimed as its damages the settlement amount it paid to the employee who alleged sexual harassment and its fees spent in the litigation with its CEO over his termination and reinstatement.

  • Plaintiff alleged he was employed by insurance agency, per an oral contract and never was paid.  Defendant said he was an independent contractor.  Underlying Labor Commission award for plaintiff was obtained by default.  Motions to vacate defaults were pending at time of settlement.

  • Employment discrimination, including harassment. Plaintiff alleged she was employed by Defendants and that, during her employment, she was sexually harassed by Defendant supervisor. Plaintiff alleged she suffered retaliation following complaints regarding the harassment.

  • Plaintiff was formerly employed by defendant as a cashier and alleged she developed a physical disability that limited a major life activity. Plaintiff alleged she suffered from this disability and notified employer of the disability, and that she was terminated shortly thereafter.

  • Plaintiff worked at a Japanese Restaurant. His given title was sushi chef; and, as a non-exempt employee, Plaintiff did not spend more than 50% of his time performing managerial tasks—instead he performed tasks commonly associated with non-exempt employees such as preparing food items, taking and preparing customer orders, and general customer service and food service tasks. Despite Plaintiff being a non-exempt employee, he was paid a flat salary of approximately $665 per week and was not provided increased payment for overtime, or granted legally compliant meal and rest breaks.

  • Petition for Writ of Mandate against County and Director of Social Services Agency of the County seeking an order requiring the County to vacate its Notice of Discharge mailed to Petitioner and to immediately reinstate him as Administrative Manager II in his former position.
    Petitioner alleged that until his discharge, he never had any disciplinary actions taken against him; his work performance was always exceptional; and that he encountered opposition from his managers when he began enforcing proper time-keeping practices amongst his subordinates. Petitioner alleged the County lacked “reasonable cause” to discharge him; the discharge violated the County Disciplinary Process Manual guidelines of progressive discipline.
    Petitioner sought: (1) a writ of mandate directing the County to vacate its Notice of Discharge and to reinstate him; (2) repayment of amounts to County Retirement System and adjustment of recorded necessary to reinstate Petitioner; (3) payment of tuition reimbursement; attorneys’ fees and cost of suit; back pay and benefits and interest; destruction of documents pertaining to investigation of him and his dismissal; and any other proper relief.

  • Deaf teacher who was a probationary employee whom school district elected not to offer a job, claimed retaliation for complaints made about outmoded sign language being used in the district.

  • Police officer claimed violations of POBRA and retaliation for filing a grievance.

  • Plaintiff alleged she had been employed by University since 2005 and was a tenured Associate Professor. Plaintiff alleged she was discriminated against based upon her gender; retaliated against for complaining of discrimination and harassment; denied promotion to Full Professor; and demoted by being removed from various committees, denied upper division/graduate courses, and relagated to teaching lower division classes.

  • Plaintiff, a dentist, worked for a dental implant manufacturer and retailer as a training manager in the education department.  He alleged wrongful termination for complaining about what he believed were violations of public policy including health and safety risks to himself, co-employees and dental patients; retaliation for reporting of health and safety violations; failure to pay wages. Defendant claimed it eliminated the position for legitimate business reasons.

  • Former district manager for Insurance Company alleged wrongful termination from his position in violation of public policy. He alleged breach of contract. The iissue was whether he was an employee or independent contractor.  Defendant terminated him for failure to meet minimum performance standards for recruiting and training agents.

  • Sexual discrimination/harassment matter filed against general and subcontractors by female elevator installer at a hospital.  She claimed differential treatment due to her gender.

  • Amtrak engineer claimed he was injured while operating a derail switch. Rotator cuff repair.

EMPLOYMENT

Representative Cases


Judge, Orange County Superior Court (Ret.)