Facts

Four former employees of Auburn Honda sued the company and its president, Jay Cooper, alleging age discrimination. Plaintiff Leonardo also alleged a cause of action for violation of the California Family Rights Act and retaliation. Each employee when hired was over the age of 40. All four employees were terminated from their employment. Their cases were consolidated by stipulation between the attorneys.

PLAINTIFFS' CONTENTIONS:
The employees alleged that they were terminated as part of a scheme to decrease the company's health insurance costs by terminating older employees. The plaintiffs' ages ranged from 49 to 66 years old. Plaintiffs also alleged retaliation.

DEFENDANTS' CONTENTIONS:
Auburn Honda alleged the defense of business necessity due to the economy and sharp decline in sales, necessitating a restructure in its workforce. It also alleged that each worker was terminated for legitimate, nondiscriminatory reasons.

Damages

Plaintiffs sought $2 million in damages for loss of wages and commissions, emotional distress, attorney fees and costs, as well as punitive damages.

Injuries

Plaintiffs suffered from emotional distress and loss of wages.

Result

The jury rendered a unanimous defense verdict.

Other Information

Prior to trial, defendant Cooper obtained a judgment in his favor against all four plaintiffs by way of motion for summary judgment. The Court found that Cooper was not the "employer" of any of the employees.

Deliberation

two hours

Poll

12-0

Length

11 days