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Employment Law
Wrongful Termination
Race Discrimination, Age Discrimination

Fausto D. Madera v. UMEC International Corporation

Published: Feb. 28, 2009 | Result Date: Aug. 27, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC357486 Verdict –  $47,638

Court

L.A. Superior Central


Attorneys

Plaintiff

Leonard S. Kirschen
(Chavez Legal Group)

David Payab


Defendant

James B. Russell


Facts

On Nov. 11, 2004, plaintiff Fausto D. Madera, 71, suffered an injury to his right shoulder and arm while employed by defendant UMEC International Corporation. Throughout his employment at UMEC, Madera consistently had strong performance reviews. After his injury, Madera was no longer able to perform at his previous level and attempted to file a workers' compensation claim. On Feb. 2, 2005, Madera was terminated from UMEC and Wang told him it was due to his injury and his age. Madera was the sole person of non-Chinese national origin and was replaced with an individual of Chinese national origin. Madera filed suit for age, race, and disability discrimination.

Contentions

PLAINTIFF'S CONTENTIONS:
Madera contended that he was discriminated against due to his age, race, and disability. Madera argued that the defendants failed to accommodate his disability, which was contrary to state and federal employment laws. He also claimed that UMEC and Madera's supervisor, defendant Keli Wang, refused to provide him with the proper forms in order to file a workers' compensation claim.

DEFENDANTS' CONTENTIONS:
The defendants denied all allegations.

Injuries

Madera claimed emotional distress.

Result

The jury found in favor of Madera for $47,638 ($15,638 in economic losses and $32,000 in non-economic losses).

Other Information

FILING DATE: Aug. 23, 2006.


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