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Employment Law
Wrongful Termination
Breach of Implied Contract

Jen Adams v. TSJ Electrical & Communications Inc.

Published: Jun. 25, 2011 | Result Date: May 25, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RIC535771 Verdict –  $118,950

Court

Riverside Superior


Attorneys

Plaintiff

Robert H. Rogers


Defendant

Yolanda Flores-Burt
(Law Office of Yolanda Flores-Burt)


Experts

Plaintiff

Susan Green
(technical)

Facts

TSJ Electrical & Communications Inc. terminated plaintiff Jen Adams. Plaintiff claimed that there was an implied agreement that she should only be terminated for good cause.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she left a good job with another employer to work for the defendant as a construction estimator based on promises of stable employment until she retired. Based on this, she contended that a promise was implied that she could only be terminated for good cause. Plaintiff alleged that defendant violated this promise by terminating her for walking into a meeting between the company president and one of her subordinates. She maintained that she was terminated without proper warning and an opportunity to respond to the charges.

As a result of her termination she had been unemployed for over 20 months and her expert testified that it would take at least 8 1/2 months more for plaintiff to find another job.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was an "at will" employee who could be terminated with or without cause. Defendant contended that it had good cause to terminate plaintiff for being rude when walking into the meeting. Also, the economic downturn and recent job performance justified her termination.

Settlement Discussions

Defendant offered $6,000 at a mandatory settlement conference. Plaintiff's final demand was $50,000.

Specials in Evidence

$5,000 $160,000 $56,000

Damages

Plaintiff claimed $160,000 for lost earnings and benefits.

Result

Plaintiff's verdict for $118,950.

Other Information

FILING DATE: Sept. 9, 2009.

Deliberation

two days

Length

seven days


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