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GAIL A. GLICK, ESQ.

  • Based in Los Angeles, available in All of California
  • Available for Mediation and Arbitration assignments

Introduction

Gail spent 26 years representing plaintiffs and defendants in litigation of employment law, personal injury, breach of contract, and professional malpractice cases. Gail has now dedicated her career to mediation on a full-time basis. During her litigation career, she also served as a private mediator, as well as on the Los Angeles Superior Court’s ADR panel and CRASH employment case settlement program. She has earned a reputation for having a respectful and straightforward demeanor with an evaluative and facilitative approach.

Gail says, “In litigation, I believed that my clients were best served by resolving their disputes early - prior to the emotional and economic devastation of participating in a trial or arbitration on the merits. Now, as a full-time mediator, I can help the litigants take control of their lives by making peace for themselves, their businesses, and their families through a mediated resolution.”

One attorney commented, “Gail is an excellent communicator. She has a direct and respectful approach which was particularly appreciated while discussing the weak points of my client’s case. Prior to the mediation, she suggested we exchange a settlement form with all of the non-monetary terms, which saved time and helped us focus on the financial terms during the session.”

Practice Areas

Experience Summary

Gail has been involved in the resolutions of a broad array of employment law matters over the course of her twenty-six year litigation career, in an array of industries that include aerospace, banking and finance, biotech, engineering, education, entertainment, food services, health care, hospitality, logistics, oil and gas, pharmaceuticals, transportation, and technology.

Her clients included actors, artists, bookkeepers, CEOs, CFOs, comptrollers, clerical employees, delivery persons, entertainment executives, factory workers, foodservice executives, grips, HR professionals, insurance brokers, investment professionals, lawyers, librarians, managers, mariners, orthopedists, ophthalmologists, pharmacists, pharmaceutical sales representatives, physicians, plumbing sales representatives, professors, psychologists, real estate executives, RNs, respiratory therapists, retail managers, rocket scientists, salespersons, social workers, teachers, and videographers. Gail’s balance of plaintiffs’ and defense work over her career uniquely qualifies her to mediate for a diverse group of employers and employees.

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Hobbies & Interests

Gail is an avid Dodgers and Yankee fan. She is a former All-American soccer player, loves to golf, and has a passion for travel around the world. She also enjoys art, outdoors, and historical museums.

Website

https://gailglick.com/

Testimonials

"Great work. You exceeded expectations"
- Attorney on an ERISA matter

"We came to Gail after the dispute was court-ordered to arbitration and before any proceedings actually commenced. The mediation did not settle during the initial session likely due to our client's expectations regarding the value of the case. We were far apart. However, this is where Gail shined and literally worked magic. After the mediation, we felt there was no possibility of resolution, but Gail did not give up. On her own initiative, she engaged tenaciously to bring the parties back to the table with elegant ideas she initiated to reengage in the process. I was surprised that opposing counsel was even willing to talk to us. Through what I can only call artistry, within two weeks of the failed mediation session, she got us back on track exchanging positions and keeping us going. She even worked us on her birthday and from the beach. You could not possibly hope for a mediator more engaged and more determined to bring about a settlement. When it comes to mediation and resolution of business disputes, I say that Gail is both an artist and a magician."
- Attorney on an Employment Wrongful Termination Dispute

"Gail was efficient and effective in achieving resolution of a highly emotional dispute."
- Attorney on an Employment Disability Matter

"Gail was fantastic, especially with an emotionally scarred client. Excellent work."
- Attorney on an Employment/Discrimination case

"Gail was fabulous! We had a very difficult and unpredictable plaintiff and confrontational opposing counsel. Gail was able to calmly and very expertly focus on the issues, and get the parties to a resolution when I thought we were far too far apart to reach a deal. "
- Attorney on an Employment Wrongful Termination case

"Thanks for all your help and follow-up on this one; it was anything but simple. I know you’re already so well established in your practice, and for this ADA/accommodations case – you really came through for the parties here!"
- Attorney on an Employment ADA dispute

"I am very satisfied with Ms. Glick's services. "
- Attorney on an Employment Wrongful Termination and Discrimination case

"Gail is wonderful - she understands the issues expertly and was very compassionate with and related well to my client. This was a complicated case, and Gail handled it very deftly. An absolute gem."
- Attorney on an Employment Wrongful Termination and Discrimination case

Links and Articles

Experience Summary

Gail has been involved in the resolutions of a broad array of employment law matters over the course of her twenty-six year litigation career, in an array of industries that include aerospace, banking and finance, biotech, engineering, education, entertainment, food services, health care, hospitality, logistics, oil and gas, pharmaceuticals, transportation, and technology. Her clients included actors, artists, bookkeepers, CEOs, CFOs, comptrollers, clerical employees, delivery persons, entertainment executives, factory workers, foodservice executives, grips, HR professionals, insurance brokers, investment professionals, lawyers, librarians, managers, mariners, orthopedists, ophthalmologists, pharmacists, pharmaceutical sales representatives, physicians, plumbing sales representatives, professors, psychologists, real estate executives, RNs, respiratory therapists, retail managers, rocket scientists, salespersons, social workers, teachers, and videographers. Gail’s balance of plaintiffs’ and defense work over her career uniquely qualifies her to mediate for a diverse group of employers and employees. The types of matters she has litigated and resolved include:

• Discrimination based on race, national origin, age, religion, disability, sex, pregnancy, transgender status, gender expression, and sexual identity
• Harassment based on race, national origin, age, religion, disability, sex, pregnancy, transgender status, gender expression, and sexual identity
• Failure to accommodate and failure to engage in the interactive process
• Violation of the Rehabilitation Act
• Retaliation for engaging in FEHA protected activity
• Violation of CFRA and FMLA
• Retaliation based on exercised of rights under CFRA and FMLA
• Wage and hour violations, including class actions
• Private Attorneys General Act (“PAGA”)
• Violation of section 1102.5 of the Labor Code
• Wrongful termination in violation of public policy
• Defamation
• Breach of contract
• Breach of the implied covenant of good faith and fair dealing
• Fraudulent misrepresentation and Labor Code section 970 claims
• Negligent hiring, retention, and supervision
• Misappropriation of trade secrets
• Unfair competition
• Unfair business practices
• ERISA
• Lemon law
• Construction defect
• Legal malpractice
• Insurance coverage

Legal Career

  • Mediator/Arbitrator at Judicate West (Present)
  • Founding Partner, Alexander Krakow + Glick. LLP, focused on employment law litigation, representing employees (2009-2020)
  • Volunteer and Party-Pay Panelist, Los Angeles Superior Court ADR Panel (2003-2009)
  • Principal, Gail A. Glick Attorney at Law, focused on employment law litigation for plaintiffs (2002-2009)
  • Associate, Reish, Luftman, McDaniel & Reicher, LLP, focused on employment law, real property, ERISA, and business litigation for defendants (2001-2002)
  • Associate, Musick, Peeler & Garrett, LLP, focused on employment law, insurance, professional liability, and business litigation for defendants (1995-2001)
  • Associate, Lawrence Silver & Associates, focused on business litigation and employment law for plaintiffs and defendants (1994-1995)

Education & Professional Affiliations

  • J.D., Loyola Law School (1994)
  • B.A., cum laude, Amherst College (1991)
  • Pepperdine’s Straus Institute for Dispute Resolution, Intensive Mediation Seminar (2002, 2003)
  • Los Angeles County Bar Association, Advanced Mediator Skills Training (2003)
  • Vice President and Member of the Board of Directors, Disability Rights Legal Center (2015-2020)
  • Executive Committee Member, and former Chair of the Executive Committee (2018-2019), LACBA Labor & Employment Law Section (2005-present)
  • Fellow, College of Labor and Employment Lawyers (2018-present)
  • Member, ABA Labor & Employment Section and Technology Subcommittee Co-Chair (2015-present)
  • Member, Consumer Attorneys of California (CAOC) (2012-2020)
  • Member, Beverly Hills Bar Association (BHBA) (2010-present)
  • Member, Consumer Attorneys of Los Angeles (CAOC) (2010-2020)
  • Member, California Employment Lawyers Association (CELA), (2003-Present)
  • Member, Los Angeles County Bar Association (LACBA), (1994-present)
  • Board of Directors Member, Amherst Association of Southern California (2003-2020)

Legal Experience

  • All types of Employment/Workplace Disputes including Class Action
  • Business/Contractual
  • Lemon Law
  • Personal Injury
  • Real Property
  • Professional Malpractice

Representative Case Information

Recent Representative Cases

Business/Commercial

Fraud/Misrepresentation

  • Former business associates' dispute over copyright infringement, ownership of likeness and YouTube channels' content, and violation of the Digital Millenium Copyright Act.

Employment

A D A

  • In a disability discrimination and failure to accommodate case in the health care industry, assisted with the interactive process to accomplish a reasonable accommodation for an employee to return to work following an extended leave of absence.

Disability

  • An advertising/marketing agency employee alleged disability discrimination, including failure to engage in the interactive process, and wrongful termination.
  • A retail employee alleged age and disability discrimination in the way that she was treated upon furlough and returns of employees to work following COVID-19 shutdowns during the pandemic.
  • Sales executive alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate and engage in an interactive process, and wage and hour violations against a closely held corporation.
  • A long-term employee in the aeronautics industry alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, violation of FMLA/CFRA, and wrongful termination against his former employer.
  • A delivery driver in the oil and gas industry alleged disability discrimination, failure to accommodate, and retaliation, along with violations of Labor Code section 132a and wage and hour provisions.
  • A warehouse retail worker alleged disability discrimination, failure to accommodate, and failure to engage in the interactive process to reasonably accommodate.
  • Salesperson alleged associational disability discrimination, accommodation, and wrongful termination claims against hospice facility during COVID-19 pandemic.
  • Wage and hour and wrongful termination claims against a national non-profit organization.
  • Disability discrimination, failure to accommodate, and retaliatory termination case pursued by a skilled technician against a closely held manufacturing company, with nuanced issues that included discussions of concepts of "qualified individual with a disability" and "regarded as" disabled.
  • A long-term employee for a closely held logistics corporation alleged disability discrimination, failure to accommodate based on a 100% healed policy, and retaliation under the Fair Employment and Housing Act.
  • Disability discrimination including failure to engage in the interactive process and failure to accommodate by a long-term retail employee against a Fortune 500 corporation.
  • A retail employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under FEHA, and wrongful termination in violation of public policy.
  • Insurance call center supervisor alleged failure to accommodate, failure to engage in the interactive process, disability discrimination, retaliation, and wrongful termination in violation of public policy.
  • A management-level employee of a large retailer asserted claims of disability discrimination, failure to engage in the interactive process, and provide reasonable accommodation, retaliation, and wrongful termination in violation of public policy.
  • An assembly line worker alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy against a parts manufacturer. The employer asserted defenses of undue hardship and lack of qualification/ability to perform the essential functions of the job with or without reasonable accommodation.

Discrimination

  • A back-office employee alleged pregnancy discrimination, aiding and abetting discrimination, and defamation against a closely held medical corporation.
  • A front office receptionist alleged race discrimination and wage and hour violations against a closely held medical corporation.
  • Contentious case on the eve of trial that was brought by a stock clerk who alleged race discrimination, racial harassment, and retaliation under the FEHA against a former employer, an aerospace parts manufacturer.
  • A sales representative in the tech industry alleged sex discrimination in the allocation of accounts and wage and hour violations.
  • Age and disability discrimination case by a security employee against his Fortune 500 former employer, requiring sensitivity to the significant emotional needs of a long-term employee.
  • A long-term employee for a national corporation with allegations of age discrimination, harassment, and retaliation.
  • Diabetic phlebotomist alleged disability discrimination and failure to accommodate/engage in the interactive process against healthcare entity.
  • An employee in the solar technology industry alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wage and hour violations.
  • An executive employee in a manufacturing enterprise alleged medical condition (cancer) discrimination, disability discrimination, failure to accommodate, and wrongful termination in violation of public policy.
  • A long-term food service employee alleged age and sex discrimination, failure to prevent discrimination, intentional infliction of emotional distress, and retaliation under section 1102.5 of the Labor Code against a restaurant chain.
  • A pharmaceutical industry executive alleged defamation, sex discrimination, and failure to pay bonus.
  • An employee alleged race discrimination, retaliation, and wrongful constructive termination against a technology company.

ERISA

  • ERISA class action alleging breach of fiduciary duty and "continuing breach" theory of liability with potential statute of limitation defense based on "actual knowledge" and argument based on "subsequent breaches of a similar nature."

Hostile Environment

  • A long-term female executive employee of a Fortune 500 company alleged age and sexual harassment and discrimination, as well as retaliation for complaining, under the FEHA and Title VII.
  • A long-term employee of a closely held corporation asserted claims of hostile work environment, wage and hour violations, and wrongful termination under FEHA, section 1102.5 of the Labor Code, and common law.
  • Long-term employee in a closely held medical corporation alleged continuing violation of doctrine, sexual harassment, wage and hour violations, and intentional infliction of emotional distress.

PAGA

  • PAGA representative action concerning assistants in the entertainment industry, alleging denial of meal breaks, denial of rest breaks, failure to reimburse expenses, and illegal "off the clock" work.
  • PAGA representative actions and multiple single plaintiff wage and hour arbitrations where arbitration agreement precluded class actions. Legal issues included piece-rate pay structure, alleged failures to provide meal breaks, failure to pay rest breaks, Labor Code 226 and 2802 violations, and waiting time penalties.
  • Outside salesperson for large retail chain alleged wage and hour violations, race discrimination, and retaliation during a corporate reorganization/reduction in force that resulted in the salesperson's termination.

Pregnancy Discrimination

  • Arbitration of a pregnancy discrimination case against an automotive dealership.
  • Pregnancy Disability/CFRA/Failure to accommodate case against a closely held corporation in the building and construction business.
  • A loan processing employee alleged pregnancy discrimination, disability discrimination, retaliation, and wrongful termination in violation of public policy against a mortgage brokerage. The brokerage asserted factual defenses of the employee's failure to engage in the interactive process and undue burden.

Sexual Harassment

  • A registered nurse alleged sexual harassment, sexual assault, retaliation, failure to prevent, negligent hiring, retention, and supervision, and intentional infliction of emotional distress against a medical doctor and health care facility.
  • An automobile finance employee alleged sexual harassment, retaliation, wrongful termination, and wage and hour violations against a closely-held used car dealership.
  • Sexual harassment, retaliation, and constructive termination case against a small business, wherein allegations of harassment were made against a male supervisor/owner and allegations of retaliation and wrongful constructive termination were made against the owner's wife. A high level of sensitivity to the parties was required in all rooms.
  • Male on male sexual harassment, sexual assault, and intentional infliction of emotional distress alleged by housekeeping worker against a large corporation.
  • Sexual harassment and assault allegations by a female executive against an entertainment company.
  • An automotive sales employee alleged male-on-male sexual harassment by a colleague.

Wage and Hour

  • Salesperson for a chemical manufacturer alleged failure to pay wages and commissions, waiting time penalties, fair pay violations fraud, breach of contract, and quantum meruit.

Whistleblower Wrongful Term

  • An insurance underwriter alleged wrongful termination against an insurance agency under California's whistleblower statute for raising concerns about insurance code violations. The plaintiff also asserted claims for common law fraud and violation of section 970 of the Labor Code.
  • Tax preparer asserted sex discrimination and whistleblower retaliation claims against CPA firm. The employer claimed legitimate good-faith reasons for the termination that included malfeasance involving false statements to taxing authorities.

Wrongful Term & Discrimination

  • Disability discrimination and wrongful termination allegations by a school teacher against a religious entity. The case implicated issues involving the ministerial exemption and alternative avenues of employment law liability against religious educational institutions.
  • A long-term nursing home employee asserted claims of disability discrimination and retaliatory wrongful termination under section 1102.5 of the Labor Code and section 1278.5 of the Health and Safety Code.
  • A long-term retail salesperson alleged race, national origin, and age discrimination claims, as well as meal and rest break violations against a national clothing store.
  • Food service workers at a closely held grocery corporation alleged wage and hour violations, disability discrimination, failure to engage in the interactive process, and retaliation under section 1102.5 of the Labor Code.
  • Associate in a mid-sized law firm alleged sex discrimination, whistleblower retaliation, and wrongful termination.
  • Patient care worker in health care facility alleged race and age discrimination in in the imposition of written discipline as well as his termination.
  • Resolved three discrete actions concurrently: the complaint as well as cross-complaint as to both plaintiff and defendant employer in a discrimination, retaliation, defamation, and wage and hour cause of action against a fortune 500 company.
  • A media marketing executive alleged age discrimination, sex discrimination, breach of contract, and violation of the Fair Pay Act and Equal Pay Act.

Wrongful Termination

  • Hospitality marketing employee alleged disability discrimination and wrongful termination, including failure to accommodate and engage in the interactive process to reasonably accommodate.
  • A private religious school employee alleged discrimination, retaliation, and wrongful termination. The negotiation covered issues involving ministerial privilege, the First Amendment, the implied covenant of good faith and fair dealing, anti-discrimination law, and whistleblower statutes.
  • A server in a restaurant claimed sexual harassment, sexual identity discrimination, and wage and hour violations.
  • Plaintiff was employed in the transportation field. He alleged that he was transferred and terminated for making complaints about safety violations that endangered himself as well as the public.
  • A fast-food worker alleged sexual harassment, failure to prevent harassment, retaliation, wrongful termination, and unfair business practices against the employer and individual defendant (alleged harasser).
  • A groundskeeper alleged age and disability harassment, discrimination, retaliation, and wrongful termination against a country club.
  • A retail store employee alleged discrimination based on race and national origin and retaliatory wrongful termination based on asserting rights to sick time off.
  • Disability discrimination, retaliation, and wrongful termination allegations by a fabrication lead against a manufacturing company.
  • A car salesman asserted claims for wrongful termination and whistleblower retaliation founded on alleged complaints about deceptive sales practices by a car dealership.
  • Claim by room attendant against a large hotel corporation, alleging wrongful termination, disability discrimination, and violations of wage and hour and sick leave laws.
  • Disability discrimination, failure to engage in the interactive process, and Labor Code retaliation matter against a non-profit.
  • A fast-food worker alleged wage and hour violations and retaliatory termination under sections 6310 and 1102.5 of the Labor Code.
  • An employee in the automotive and tire industry alleged disability discrimination, including failure to accommodate and engage in the interactive process, retaliation, wage and hour (meal and rest break) violations, and wrongful termination in violation of public policy.
  • A warehouse worker alleged disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination in violation of public policy.
  • A long-term employee of a closely held hardware company alleged age and disability discrimination and wrongful termination in violation of public policy based on section 233 of the California Labor Code and FEHA. The employer asserted defenses of legitimate business reasons, including a large-scale reduction in force due to the COVID-19 crisis.
  • A customer service representative in the automotive industry alleged race, national origin, and disability discrimination, wrongful termination in violation of public policy, and wage and hour violations.