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Employment Law
Wrongful Termination
Breach of Contract

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

Steven A. Ehrlich


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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