Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S. Ct. 2343 (2009) Jack Gross worked for FBL as a claims administration director until he was reassigned to the position of claims project coordinator. At the time of his reassignment, many of Gross’s job responsibilities were transferred to a newly created position (claims administration … Continue Reading
14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009) Plaintiffs, members of the Service Employees International Union (the “SEIU”), filed a complaint with the EEOC alleging age discrimination under the Age Discrimination in Employment Act and, after receiving their right-to-sue letters, filed suit against their employer alleging age discrimination. In … Continue Reading
DeJung v. Superior Court, 169 Cal. App. 4th 533 (2008) Theodore DeJung, a former part-time commissioner of the Sonoma County Superior Court, filed a lawsuit alleging age discrimination after he was not selected to become a full-time commissioner. Before DeJung’s application was denied (in favor of a 43 year old), the Court’s presiding judge told him that … Continue Reading
Alch v. Superior Court, 165 Cal. App. 4th 1412 (2008) In this ongoing putative class action filed by television writers alleging “industry-wide” age discrimination, the writers served subpoenas on the Writers Guild of America (“WGA”) and other third parties, seeking demographic information, including dates of birth, employment data such as writers’ employers, job titles, credits … Continue Reading
Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 128 S. Ct. 2395 (2008) When the United States government ordered Knolls (one of the contractors that maintains the nation’s fleet of nuclear-powered warships) to reduce its workforce, the company conducted an involuntary reduction in force, resulting in the layoff of 31 employees, 30 of whom … Continue Reading
Diaz v. Eagle Produce, 521 F.3d 1201 (9th Cir. 2008) Phoenix Agro Invest, Inc. and SAM Management, Inc. operate a commercial broccoli and melon farm in Arizona and usually lay-off workers during the winter months. Among others, the company laid off plaintiffs, four workers over the age of 50 years old, who challenged the lay … Continue Reading
Hicks v. KNTV Television, Inc., 160 Cal. App. 4th 994 (2008) Bradford Hicks, a white man, was the 5:00 p.m. weeknight news anchor for KNTV. After KNTV chose not to renew Hicks’ contract, it selected an African-American man to fill the position Hicks had vacated. Hicks alleged race discrimination and wrongful termination, asserting that KNTV … Continue Reading
Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007) Brian Reid, who was employed for fewer than two years as Google’s Director of Operations and its Director of Engineering, sued Google after his termination, alleging age and disability discrimination, intentional and negligent infliction of emotional distress and related claims. Reid was 54 years old … Continue Reading
Poland v. Chertoff, 494 F.3d 1174 (9th Cir. 2007) James R. Poland, a former employee of the U.S. Customs Service, alleged age discrimination in violation of the ADEA, retaliation and constructive discharge resulting from his transfer to a new job in a new location. After a bench trial, the district court entered a $339,000 judgment in … Continue Reading
Syverson v. IBM, 2006 WL 2506421 (9th Cir. 2006) The former IBM employees in this class action challenged their purported waiver of claims arising under the federal Age Discrimination in Employment Act (ADEA) on the ground that the waiver, which was part of a severance agreement, was not “knowing and voluntary” within the meaning of … Continue Reading
Kroske v. U.S. Bank Corp., 432 F.3d 976 (9th Cir. 2005) Kathy Kroske, a former bank manager of U.S. Bank Corp. in Spokane, Washington, alleged her employment was terminated after 25 years based upon her age (51 years old). The Bank contended Kroske had been terminated because her branch failed to meet its daily performance … Continue Reading
Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003) Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical Workers (IBEW). Smith alleged that his employment was terminated in violation of the public policy against age and disability discrimination and in violation of the … Continue Reading
Herr v. Nestlé U.S.A., Inc., 109 Cal. App. 4th 779 (2003) Richard Herr alleged age discrimination in violation of the California Fair Employment and Housing Act (FEHA) against his former employer, Nestlé, and obtained a jury verdict in the amount of $5,163,600. Herr also successfully asserted a claim under the Unfair Competition Law (UCL) in … Continue Reading
Walrath v. Sprinkel, 99 Cal. App. 4th 1237 (2002) Richard Walrath sued his former employer, Hatcher Press, Inc., for wrongful demotion and discrimination, among other things, and joined his former supervisor in a claim for retaliation in violation of public policy. In his lawsuit, Walrath alleged that he had been retaliated against for complaining about … Continue Reading
West v. Bechtel Corp., 96 Cal. App. 4th 966 (2002) Plaintiff, a former engineer who worked for Bechtel Corp. for more than 30 years, sued the company for age discrimination and breach of contract. At trial, plaintiff received a jury verdict of $101,852.27 for lost salary and emotional distress damages. The Court of Appeal reversed … Continue Reading
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