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Employment Law
Wrongful Termination
Violation of Public Policy

M. Robert Raven v. Antelope Valley Bus, Inc., et al.

Published: Apr. 20, 1996 | Result Date: Mar. 14, 1996 | Filing Date: Jan. 1, 1900 |

Case number: PC007959 –  $0

Judge

Haig Kehiayan

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Albert F. Coombes


Defendant

Michael B. Lawler


Facts

As of 1991, the plaintiff, M. Robert Raven, a 51-year-old charter bus driver, had worked for the Antelope Valley Bus Company for three years. Occasionally he drove transit but the majority of his time was spent operating charter buses. In the spring of 1991, the defendant, Antelope Valley Bus, Inc., determined it was not going to renew its transit contract with the County of Los Angeles for transit operations in the Santa Clarita Valley. As a result, it reduced its labor forced. A committee was formed consisting of the vice-president, the human resources manager, the operation managers and the Newhall manager to review the personnel and make recommendations regarding the proposed lay- off. The defendants contended that the criteria used was professionalism, attitude, licensing, qualifications, attendance and driving record and that seniority was not a criteria upon which the committee considered. The plaintiff was one of six employees that were laid-off. The plaintiff claimed that he was not laid off but terminated because following the lay-off, he was advised by the vice-president that he would not be considered for rehire. The plaintiff claimed that he was discriminated against because he had complained about smoking in the work place, the plaintiff also alleged that he was promised a job as long as he performed and the defendant had a seniority system and retained drivers who had less seniority than him. The plaintiff brought this action against the defendants based on breach of contract, bad faith, and violation of public policy theories of recovery.

Settlement Discussions

The plaintiff made a $100,000 settlement demand. The defendans made no settlement offer.

Damages

The plaintiff claimed annual loss of income of $6,000 to $8,000 for a total of 15 years.

Injuries

The plaintiff alleged that he suffered emotional distress as a result of the defendants' conduct.

Other Information

The plaintiff's claim for punitive damages was dismissed at the completion of plaintiff's case.

Deliberation

5+ hours

Poll

12-0 (violation of public policy), 11-1 (breach of contract and bad faith causes of action)

Length

6 days


#113796

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