Marci rae Iten v. Guardsmark, LLC
Published: Jan. 31, 2009 | Result Date: Oct. 14, 2008 | Filing Date: Jan. 1, 1900 |Case number: SC093597 Verdict – Defense
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Laura S. Flynn
(Freeman, Mathis & Gary LLP)
Experts
Plaintiff
Robert Louvret
(technical)
Defendant
Mark A. Cohen
(technical)
Facts
In January 2007, Guardsmark LLC fired employee Marci rae Iten, who worked as a regional administrator for security services. Before her termination, Iten requested an altered schedule so that she could earn a master's degree. She later began work as a professor while keeping her job with Guardsmark. She claimed that this led to her losing her job and brought an action for wrongful termination.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff asserted that Guardsmark wanted her to choose between the two jobs and that she was fired in violation of her right to privacy. She also claimed breach of implied contract, violation of California Labor Code section 2699, and constitutional violations.
DEFENDANT'S CONTENTIONS:
Guardsmark asserted that Iten failed to submit a request to maintain her altered schedule when she began her job as a professor; that she was lawfully terminated; and that any permission from supervisors was invalid.
Settlement Discussions
The plaintiff demanded $250,000.
Damages
Iten requested damages from lost earnings, attorney fees and punitive damages.
Result
Defense verdict.
Deliberation
one day
Poll
9-3
Length
five days
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