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Wrongful Termination Mediator in Orange County, California

Wrongful termination disputes can be emotionally charged and legally complex situations. When an employee believes they were fired for an unlawful reason like discrimination or retaliation, it can lead to a lengthy and costly legal battle with their former employer. In Orange County, mediation offers an alternative approach to resolving these conflicts through open communication and negotiation.

Through working with an experienced mediator, both parties can explore options for a fair and mutually agreeable resolution potentially avoiding the stress and expense of a drawn-out courtroom battle. Blue Sky Mediation Center offers mediation services in Orange County. Our mediator can assist you in the event you were wrongfully terminated.

Wrongful Termination Law in Orange County

Common Types of California Wrongful Termination Disputes That Can Be Resolved During Mediation

Here are the common types of cases mediation can help solve:

  • Workers’ compensation claims: Employees have the legal right to file for workers’ compensation benefits or report workplace injuries without fear of retaliation. If an employer terminates an employee for exercising these rights, it may constitute wrongful termination. Mediation can help both parties understand the relevant laws and explore potential compromises.
  • Implied contract violations: Even without a written contract, employees may have an implied agreement with their employer based on policies, handbooks, or past practices. If the employer violates these implied agreements, such as by terminating an employee without proper cause or notice, mediation can facilitate a resolution.
  • Mass layoffs not adhering to the WARN Act: The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide advance notice before plant closure or mass layoffs. If an employer fails to comply with WARN Act provisions, affected employees may have grounds for a wrongful termination claim, which can be addressed through mediation.
  • Public policy violations: Employees cannot be terminated for refusing to violate laws or regulations or for reporting legal violations by their employer. Such terminations may be considered a violation of public policy. Mediation can help clarify the relevant laws and explore potential resolutions that protect the employee’s rights and the employer’s interests.
  • Taking employee leave or making wage and hour complaints: Employees have legal protections when taking qualifying leave, such as medical or family leave, or when making complaints about wage and hour violations. If an employer retaliates by terminating the employee, mediation can provide a neutral forum for resolving the dispute and finding a fair solution.

What Happens if a Wrongful Termination Mediation Agreement is Not Reached?

The mediation process aims to help opposing parties find common ground and reach a mutually agreeable resolution. However, there are instances when an agreement cannot be reached despite the mediator’s best efforts. If this happens in a wrongful termination case, the litigation will continue its course through the court system.

Failure to settle during mediation does not mean the process was a waste of time or resources. The confidential discussions and exchanges can still provide valuable insights into each party’s perspectives, strengths, and weaknesses. This information can help lawyers and clients recalibrate their strategies as they prepare for trial.

At Blue Sky Mediation Center, our seasoned Orange County wrongful termination mediator acts as an impartial third party. Their role is to facilitate open and productive dialogue, examining the claims and evidence from all angles. The mediator sets realistic expectations, educating participants about potential risks, liabilities, and the long-term ramifications of their positions.

Even if an agreement is not reached, mediation can streamline the issues and areas of disagreement, making the eventual trial more focused and efficient. The mediator’s insights may also encourage further negotiations before heading to court.

If mediation does not resolve the matter, the case will proceed to trial, where a judge or jury will make the final determination based on the facts presented and the applicable laws. While mediation promotes cost-effective and amicable resolutions, its voluntary nature means the decision to accept or reject a proposed settlement rests entirely with the parties involved.

We also focus on the following practice areas in Orange County:

Talk to a Professional Mediator in Orange County

Wrongful termination disputes can be difficult to manage, but mediation offers a constructive path forward. By working with an experienced Orange County mediator, both employees and employers can explore potential resolutions while avoiding the significant costs and stresses of a prolonged legal battle. If you find yourself facing a wrongful termination dispute, consider reaching out to Blue Sky Mediation Center by calling 213-376-4130 today.

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