Eli Akel v. F&T Farms, Joseph Campos, Tony Campos, Steven Campos
Published: Sep. 17, 2005 | Result Date: Feb. 17, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03CECG03513 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Nicholas J.P. Wagner
(Wagner, Jones, Kopfman & Artenian LLP)
Defendant
Michael G. Woods
(McCormick Barstow LLP)
Experts
Plaintiff
Ted Vavoulis
(technical)
Craig E. Pratt
(technical)
Facts
Eli Akel, 54, began working as a pest control advisor and agronomist for F&T Farms of Fresno in October 1996. On three occasions between 2000 and 2002, Akel alleged that Joseph Campos, one of his supervisors, referred to him as "old man." On Sept. 24, 2002, Akel sent an internal memorandum to his supervisors warning that F&T's failure to post notices of intended use of a fumicide on almonds awaiting processing was illegal. F&T self reported this to the County Agricultural Commissioner. F&T terminated Akel's employment on Oct. 9, 2002. Akel was escorted from the premises by law enforcement personnel. He returned two days later to retrieve personal items, but claimed that some of his items had been converted by F&T. Akel obtained a right-to-sue notice from the California Department of Fair Employment and Housing. Akel filed suit against F&T and its supervisors, Joseph Campos, Tony Campos, and Steven Campos. He alleged age discrimination, wrongful termination in violation of public policy for whistle blowing, breach of contract, breach of the implied covenant of good faith and fair dealing, and conversion.
Specials in Evidence
$166,582 based on Akel's $80,000 per annum salary and bonuses $618,297
Other Information
The defendants moved for summary adjudication on the retaliation and age discrimination claims. They argued that their failure to post notices was consistent with industry standards. Alternatively, they argued that the failure was a minor violation, and after F&T self reported, F&T was not subject to a fine. Also, it was Akel's responsibility to post notices. The defendants argued that the alleged ageist comments were unrelated and isolated and did not in any way suggest that Akel's age interfered with his ability to do his job or was a factor considered in his termination. The court granted summary adjudication on those claims and allowed the case to proceed to trial on the remaining claims.Akel has appealed the court's grant of summary adjudication on the whistleblowing and age discrimination claims but has not appealed the jury verdict.
Deliberation
55 minutes
Poll
12-0
Length
seven days
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