Confidential
Settlement – $51,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Michael Lardon
(medical)
Facts
For approximately five years, plaintiff was employed by Bausch & Lomb as a sunglass sales representative. In approximately September/October 1994, she began speaking with defendant company based in New York about working for it. Before accepting a position with defendant, she informed its president, also a defendant herein, that she must earn $100,000 and be allowed to work out of her home office in San Diego. During a trip to New York, the president offered her a position as vice president of sales and agreed to pay her $80,000 and an annual bonus. Between Jan. 15, 1995, and April 22, 1996, the plaintiff worked for defendant as vice president of sales and reported to its president. As part of her job, she was required to attend trade shows throughout the United States along with other employees and sales representatives. In September 1995, she attended a trade show in San Diego. In February 1995, the plaintiff became pregnant, and on Nov. 22, 1995, went out on a five-week maternity leave. Between Jan. 1 and Dec. 31, 1995, the plaintiff reportedly increased sales of one of the sunglass lines she was responsible for by over $500,000. On Jan. 3, 1996, the plaintiff returned to work, at which time, she learned that the defendant hired a new executive vice president, that she was to report to him, and that many of her job duties were being changed. The plaintiff also learned that another employee became responsible for international sales. Towards the end of January 1996, the plaintiff attended a trade show in Las Vegas, Nev. along with several other employees and/or sales representative and she attended a trade show in Long Beach with other employees in early February 1996. On Feb. 29, 1996, the executive vice president informed the plaintiff that her salary was being reduced from $80,000 to $45,000 per year, and that she would no longer be responsible for most east coast accounts. On April 22, 1996, the plaintiff resigned. On April 14, 1997, the plaintiff filed her complaint, including causes of action for violations of Government Code º12940 sexual harassment, gender discrimination and failure to take responsible steps to prevent sexual harassment in the workplace.
Settlement Discussions
The plaintiff intentionally demanded $211,00. The defendants offered $50,000 one month before trial.
Damages
The plaintiff claimed that she sustained severe emotional distress, loss of approximately $23,000 bonus and a salary reduction of approximately 50%, causing her to resign.
Other Information
The settlement was reached approximately one year after the case was filed. The case went to trial on June 30, 1998, and settled on the evening before closing arguments.
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