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Employment Law
Wrongful Termination
Retaliation

Wallace v. Pacific Bell

Published: Sep. 20, 2001 | Result Date: Aug. 6, 2001 | Filing Date: Jan. 1, 1900 |

Case number: BC223225 Verdict –  $0

Judge

Victor E. Chavez

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert M. Ball


Defendant

William E. Matsumura


Experts

Defendant

Anthony E. Reading Ph.D.
(medical)

Clevert King
(medical)

Facts

The plaintiff was a telecommunications sales person at Pacific Bell for less than three years. Of
these three years, the plaintiff was allegedly absent from work for over 11 months. During the
last 10 months of his employment, the plaintiff was purportedly absent for six months, claiming
stress. For nearly the last two months of his absence, the plaintiff allegedly failed to continue
with approved medical care. It appears that the plaintiff also had moved out of the state. When
the plaintiff did not respond to letters and phone calls informing him of his failure to comply with
the requirements of the companyÆs disability plan, his employment with Pacific Bell was
terminated.

Settlement Discussions

During jury deliberations, the plaintiff demanded $300,000, while the defendant countered at $40,000.

Result

The jury rendered a defense verdict by a vote of 9-3. The jury found that the plaintiff failed to prove by a preponderance of the evidence that the defendant had retaliated against him for engaging in a protected activity.

Other Information

The plaintiff withdrew his race discrimination case before the case was submitted to a jury.

Deliberation

four days

Poll

9-3 (for the defense)

Length

six days


#114122

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