Adishian Law Group, P.C. founder and California Attorney Chris Adishian explains the recent change in California’s Whistleblower Statute, California Labor Code 1102.5.

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As of January 1st, 2014, there was a significant change in the California Whistleblower Statute which is California Labor Code 1102.5, and the real significant change is it changed the definition of who is a whistleblower, and entitled to protection. Prior to January 1st, 2014, in order to be a whistleblower under the statute, you had to make a disclosure of a violation or alleged violation to a government agency or a law enforcement agency. But after January 1st, 2014, the whistleblower can be entitled to protection. The employee only needs to make the disclosure to his manager or someone with authority at the company for investigating alleged violations.

Adishian Law Group, P.C. founder and California Attorney Chris Adishian discusses why Adishian Law Group represents both plaintiffs and defendants, and why he believes clients are better served with attorneys who have experience litigating on “both sides.”

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In our employment practice, we do represent both plaintiffs and defendants. It is a little bit unusual in employment law, because many firms market themselves as a pure plaintiff’s firm, representing only employees, or a pure defense firm, representing only management and companies. However, we believe having the dual experience of representing both employees and employers is a significant value to our clients in terms of preventing litigation, and litigating, evaluating, and resolving the claims, whether in a particular case we’re representing a plaintiff or a defendant.

Adishian Law Group, P.C. founder and California Attorney Chris Adishian explains “What is a Mediator’s proposal?”

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Over the last few years we’re finding that more and more cases at mediation are resolving through the mediator’s proposal. In essence, the mediator’s proposal means the parties have not been able to resolve the dispute on their own with the aid of the mediator during the day of mediation. So mediator’s proposal can take several forms, but basically it means at the end of the day, there’s a stalemate. The parties have not settled, and they authorize in the power of the mediator to make a proposal as to what he or she thinks might settle the case. The mediator will then give that figure to both sides on a double blind basis. If both sides accept the mediator’s proposal, then the case is settled. But if either side does not accept the mediator’s proposal, then the case is not settled, and the parties proceed on the path to trial.

Watch Adishian Law Group, P.C. founder and California Attorney Chris Adishian provide an answer to the question:  “What is mediation?”

Transcript

Mediation is a form of dispute resolution, it’s often confused with arbitration. They have a certain similarity in that it is in a form of alternative dispute resolution. And also, many of the same firms and practitioners who offer arbitration services, also offer mediation services. But in practice they’re very different. Unlike arbitration, mediation is voluntary. The parties elect to go to mediation to work with a third party mediator to try to resolve their disputes. And unlike an arbitrator, a mediator cannot impose a decision on the parties. So, if the parties don’t want to settle, they don’t have to settle, and if they don’t settle at mediation, then they just continue on the path to litigation. Now, in practice, many employment matters settle at mediation, usually after a fair amount of litigation, but not all of them.