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Employment Law
Wrongful Termination
Retaliation

Tracy Allen v. OneUnited Bank, and Does 1 through 10

Published: Dec. 20, 2014 | Result Date: Sep. 22, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC385406 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Daniel M. Graham
(Law Office of Daniel M. Graham)


Defendant

Parnell G. Fox
(Law Offices of Parnell Fox)


Facts

Tracy Allen filed a lawsuit against OneUnited Bank in relation to her employment.

Contentions

PLAINTIFF'S CONTENTIONS:
Allen alleged she worked for OneUnited, but was fired on February 15, 2007, because she refused to falsely testify at a wage hearing and because she reported illegal lending practices to the bank.

According to plaintiff, the trial court allegedly refused to allow plaintiff to present expert testimony. Plaintiff claimed that unverified and unauthenticated management witness statements were concealed despite being asked on no less than 6 occasions over a period of 5 years to produce such material. The existence of such material only became known near the close of trial through the testimony of a defense senior vice president. Plaintiff claimed her employment was terminated because she was told to lie, and refused to lie, at a labor board hearing involving a wage claim filed by another employee.

DEFENDANT'S CONTENTIONS:
OneUnited contended that no illegal lending practices ever occurred and that no one asked Allen to falsely testify at a hearing. OneUnited claimed that Allen never reported any illegal lending practices or refused to falsely testify at a wage hearing and was not retaliated against. OneUnited further contended that Allen was laid off, along with other employees in her department, due to a drastic drop in loan volume.

Settlement Discussions

Plaintiff demanded $1.5 million under CCP Section 998 and the defense offered $5,000 under CCP Section 998.

Damages

Plaintiff asked for $6.5 million, which included pain and suffering, emotional distress, future work potential and credit harm. She also requested lost earnings amounting to $800,000, $6 million in attorney fees and $10 million in punitive damages.

Injuries

Plaintiff claimed she suffered emotional distress.

Result

The jury found in OneUnited's favor after concluding plaintiff's termination did not occur in retaliation for anything.

Deliberation

15 minutes

Length

six days


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