Confidential
Settlement – $0Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Raymond J. Seto
(Hansen Seto LLP)
Harvey M. Horikawa
(Hansen Seto LLP)
Facts
According to the plaintiff: The defendant NGV Ecotrans is in the business of installing natural gas fuel and power systems in heavy duty vehicles. In March, 2002, the plaintiff Carlos Amador, while a quality assurance manager for NGV Ecotrans, was involved in an accident while driving a customer vehicle. As a result of the accident, the plaintiff received a three day suspension without pay for operating a heavy duty vehicle without proper licensing or authorization. The plaintiff objected to the suspension without pay, sought the advice of legal counsel, and began making requests for sick leave. The defendant NGV Ecotrans terminated the plaintiff's employment because it alleged that he was abusing the employer's sick leave policies and because of threats that the plaintiff had made against the company and his supervisor for having suspended him. The plaintiff sued for tortious discharge in violation of public policy alleging retaliation for the plaintiff having made wage complaints and for seeking counsel. The plaintiff also made two FEHA claims for discrimination based upon physical disability and for taking leave under the California Family Rights Act. The plaintiff also sued for compensatory and punitive damages on these four causes of action, and for contract damages on a fifth cause of action for breach of express contract of employment. According to the defendant: Defendant NGV Ecotrans terminated the plaintiff's employment because he was abusing its sick leave policies and because of threats plaintiff had made against the company and his supervisor for suspending him.
Other Information
At the conclusion of the plaintiff's case, the plaintiff dismissed his claim under the CFRA due to lack of evidence. The defendant moved for nonsuit on the remaining causes of action and the court granted nonsuit on the remaining FEHA claim, on the breach of contract claim and on all punitive damage claims. The plaintiff and defendant settled the remaining two tortious discharge claims prior to presentation of defendant's case. The terms of the settlement are confidential.
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