Recently, in a Los Angeles Superior Court Chatsworth division trial, O’Hagan Meyer Partner, David Nusz represented a construction company employer and two of their supervisors/managing agents. We successfully defended against baseless claims of disability and racial discrimination, whistle blower retaliation, wrongful termination, breach of contract, breach of fiduciary duty, wage and hour claims for unpaid overtime work off the clock, meal/rest period violation, and wage and hour claims.
Plaintiff alleged that he was terminated based on two alternative proposed theories, his Hispanic ethnicity and in retaliation for his filing a claim for workers’ comp benefits for his own injury and assisting his nephew, who was also working for Defendant, with a workers’ comp claim.
We were able to establish the actual reason for the separation was work slowdown due to unusually rainy season at the time of the layoff and that while Plaintiff was a good worker, he had low seniority in addition to transportation challenges that limited the distance he could travel to work sites. We also presented evidence that the company is 85% Hispanic, including most of the foremen and there were over 20 active employees who had filed workers’ comp claims.
The Plaintiff also alleged language in the employee handbook in combination with oral statements made to him by Defendants created an employment contract that was breached when he was terminated.
However, the court agreed with Defendant’s argument that the handbook included clear and prominent language that it did not create a contract and that the relationship was employment at will. The Judge did not find Plaintiff’s wage and hour claims credible based on the time records which he had verified with his signature.
The Defendant was awarded attorney fees and costs of litigation. We are thrilled to see a just verdict and to sustain a pristine reputation for our clients!