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Jul. 15, 2020

J. Bernard Alexander III

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Alexander Krakow + Glick LLP

J. Bernard Alexander III

Alexander stepped up to represent a man fired from his job for visiting his ailing mother in Guatemala.

The employer claimed "job abandonment."

Aron Monterroso who worked at Hydraulics International for 29 years spoke Spanish and wasn't traditionally educated.

"He had difficulty telling his story," said Alexandar, a partner at Alexander Krakow Glick. "The key was calling a number of witnesses to tell the story for him."

Challenging cases such as this are "about giving the clients a voice and making the law work in their favor, when the odds are against them," he said.

Alexander has tried more than 50 cases involving discrimination, harassment and retaliation.

Race-discrimination claims are some of the most difficult to argue, he said. "The truth is that jurors want to believe discrimination is in the past - but it isn't."

The Monterroso case resulted in the jury awarding $1.3 million two years later; the total judgment was $1.8 million, including attorneys' fees. Monterroso v. Hydraulics International Inc., BC654053 (L.A. Super. Ct., filed Mar. 14, 2017).

The defendants are appealing.

"We're cross-appealing to have punitive damages reinstated," Alexander said.

Alexander was co-counsel for Harold Carter, a former Federal Express Corp. employee who claimed he was terminated in retaliation for seeking disability accommodations, although he received several promotions.

A superior court jury awarded $5.3 million to Carter in March 2019. Carter v. Federal Express Corporation, et al., BC658923 (L.A. Super. Ct., filed April 24, 2017)

There was initially an appeal filed, but the matter has now been resolved, Alexander said.

"We're pleased with the outcome," he said.

In a case involving Title IX, Alexander represented soccer coach Michael Asfall against the Los Angeles Unified School District. Asfall was a girl's high-school soccer coach who alleged he was terminated for complaining about unequal treatment between girls' and boys' sports programs.

Asfall stopped a fight between two coaches, but Harbor Teacher Preparation Academy officials falsely stated he caused the fight, Alexander said. Asfall v. Los Angeles Unified School District et al. 2:18-cv-00505-CBM-RAO (C. D. Cal. Filed Jan. 19, 2018).

"He made $2,600 per year, and he spent more money on the soccer program than he received," Alexander said. "He just loved to give back to the community."

Asfall was awarded $100,000 in August 2019 for emotional distress. "It vindicated him in terms of his being wrongfully terminated," said Alexander. The award is being appealed.

-- Karen Weil

#358581

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