Confidential
Settlement – $750,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
The plaintiffs, two Mexican-Americans and an African-American, were shift supervisors on 24-hour shift duty with a major public utility company in Southern California. In May 1994, an explosion occurred at the local facility where all three plaintiffs worked on rotating shifts. Immediately after the explosion, local management at the facility where the plaintiffs' worked began an investigation which focused its attention on the plaintiffs. The plaintiffs contended that local management used them as scapegoats for management's failure to provide adequate safety measures and to protect the workers at the plant. The plaintiffs also contended that throughout their employment, they had exemplary performances. Later, the plaintiffs were informed that they were on probationary status which could lead to termination if their peformances did not improve. All three plaintiffs were given identical performance evaluations and warnings which resulted in their termination. Prior to termination, the plaintiffs were told that they had 90 days in which to find other jobs within the defendant company. The plaintiffs were transferred to a holding tank where they were informed that they could look for jobs but were given no assistance by the defendant company while attempting to relocate. The plaintiffs brought this action against the defendant based on age and race discrimination and wrongful termination theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$____________ (each plaintiff) $____________ (each plaintiff) $____________ (each plaintiff) $____________ (each plaintiff)
Injuries
The plaintiffs claimed ____________________ (emotional distress?).
Other Information
The settlement was reached approximately one year and four months after the case was filed. One of the Mexican-American plaintiffs was fully reinstated to his position as a shift supervisor at another location and is now working for the defendant. This plaintiff was provided with full back pay and reinstatement of all benefits to which he was entitled at the time of his termination from employment. Further, this plaintiff was provided with a two-year guarantee of employment. The second Mexican-American plaintiff was fully reinstated with all back pay and benefits due him for a one year period of time from the date of his termination. He was not required to return to work. After that one year, the second Mexican-American plaintiff will be provided with full retirement benefits as provided for in the defendant's retirement benefit package available to all employees who work at the defendant company. The African-American plaintiff received $230,000 plus $100,000 in attorney's fees.
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