Defendant agreed to pay plaintiff's demand of $250,000
Case I.D. Confidential. Result: July 21, 1999
L.A. Superior Central , Dept. 62 HON Richard C. Hubbell
Topic: Employment Law
Sub topic: Wrongful Termination
Sub-sub topic: Race Discrimination
Settlement: $250,000
Attorneys:
Plaintiff- Lee Feldman, Law Offices of Lee Feldman, Los Angeles
Defendant- Confidential
Technical Experts:
Plaintiff- Robert Cooper insurance claims handling, Beverly Hills
Defendant- F. David Chavez structural engineer, Jackson
Defendant- Julius Kummerman construction costs, Encino
Defendant- Boyd Veenstra insurance claims handling, Burbank
Facts: Plaintiff, a black woman, was employed by defendant from November 1991 through April 1997. The plaintiff was fired without warning or progressive discipline and was replaced by a non-black employee from another shift. The defendant's stated reason for terminating plaintiff was “horseplay.”
Contentions: The plaintiff contended that the defendant maintained a systematic policy, practice and procedure of harassing and discrimination against African-Americans, as evidenced by several other lawsuits and administrative charges. Other evidence included supervisors and co-employees using racially offensive language without being adequately disciplined. The defendant contended that the plaintiff had a prior work history of documented safety, attendance and performance problems prior to her engaging in the alleged horseplay incident that ultimately led to her termination. The defendant
further contended that in 1995, plaintiff was given a formal letter of discipline and was warned that further unsafe acts would result in discipline up to and including termination. In March 1996, plaintiff engaged in horseplay and other acts that resulted in her termination.
Specials in Evidence: LOE $43,000
Settlement Discussions: he plaintiff initially demanded $57,000 with an indication that she would accept $40,000. The defendant offered $30,000. After a few days, plaintiff raised her demand to $85,000 and then to $250,000. Mediation was held with no result. In July 1999, defendant agreed to pay plaintiff's demand of $250,000.
Settlement Conference: A settlement conference was held on June 4, 1999, before Enrique Romero, resulting in no settlement.
Other Information: The settlement was reached approximately one year and six months after the case was filed.
|
