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Jan. 24, 2024

Carney R. Shegerian

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Shegerian & Associates

Carney R. Shegerian

Carney R. Shegerian, the founding partner of Shegerian & Associates, has established himself as a preeminent litigator in the field of employment law. Over his 30-year career, he has successfully tried more than a hundred cases to verdict, including many that have resulted in seven, eight, or ten-figure awards.

In one of his recent cases, Shegerian represented Richard Galvan, a former UPS truck driver, in a wrongful termination, disability discrimination and whistleblower retaliation suit. Galvan v. UPS, 19STCV07689 (L.A. Sup. Ct., filed March 5, 2019).

Galvan had raised dozens of safety complaints during his 30-year tenure at UPS and was terminated after being assaulted on company property by a rival union candidate. Last March, the Los Angeles Superior Court jury awarded Galvan $5.45 million after a short deliberation.

Shegerian said one of the challenges in the matter was when the defense argued that the case was preempted under the National Labor Relations Board.

“NLRB preemption is a defense that is often used in whistleblower cases where the basis for the whistleblower complaint involves union activity,” he said. “This is an intricate area of law and a defense that is intended to protect the sanctity of the National Labor Relations Board’s authority to interpret the policies within a collective bargaining agreement.”

Another of Shegerian’s victories resulted in a $14 million phase one verdict. The case centered around Berta Sosa, who was terminated from her employment after taking medical leave to care for her ill husband. Sosa v. Comerica Bank, BC675252 (L.A. Sup. Ct., filed Sept. 8, 2017).

The claims included wrongful termination, retaliation for medical leave and gender discrimination.

“Not only did this legal battle expose the discriminatory treatment Ms. Sosa endured, but it also brought to light similar injustices faced by several other female employees under the supervision of their respective superiors,” Shegerian said. “Representing Ms. Sosa was a profound honor, as her courage not only secured well-deserved justice for herself but also shed light on the plight of other women enduring unfair treatment in their workplace.”

Shegerian is also vocal about the trends in employment law that need addressing, such as mandatory pre-dispute arbitration agreements.

“Said agreements unconstitutionally revoke the right to a jury trial while also allowing large corporations to escape public accountability and condemnation for their wrongdoings,” Shegerian said. “Luckily, the legislature has slowly picked up on their inherent unfairness, with legislation such as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act barring mandatory pre-dispute arbitration agreements for certain claims. Congress has raised similar legislation for other protected categories such as age, which have unfortunately stalled. To continue adequately protecting employee rights, we hope to see this trend disfavoring mandatory arbitration continue.”

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