Confidential
Settlement – $375,000Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Kevin T. Barnes
(Law Offices of Kevin T. Barnes)
Defendant
Facts
According to the plaintiff: The plaintiff, a 58-year-old secretary, employed by defendant private school since
1981. Although her title was secretary, her duties were all encompassing. The plaintiff had been praised by all
administrators and teachers without any complaints, reprimands or disciplinary warnings. On a number of
occasions during her employment, she was consistently assured by the head of the school that she would have
continued employment with the defendant and would only be terminated for cause.
In 1996, a new administrator began working at the school and a discriminatory work environment began to
develop. The new administrator had a problem with the plaintiff because she was older, and he began to take
away the plaintiff's job responsibilities and duties in order to create an intolerable work environment and
thereby force her to resign. The plaintiff refused to voluntarily resign and on June 22, 1998, the new
administrator instructed a consultant with the defendant's school to inform the plaintiff that she was to take the
summer off and the school would be in contact with her to return in the fall. The defendant was relocating and
stated they did not have sufficient space for the plaintiff to work over the summer. The plaintiff expressed
concern over her job security and once again she was assured of continued employment.
Over the summer, the plaintiff visited the school several times and made several calls to confirm her
employment when the school began the next fall. Her calls were avoided until finally in August 1998, the new
administrator called her and told her that they had hired someone else to take her position. The new assistant
was much younger than the plaintiff. While working at the school, the plaintiff regularly put in 10 hours per
day and occasionally worked six days per week. She was never compensated for overtime.
The plaintiff contended that the defendant breached the employment contract with her and also the covenant of
good faith and fair dealings because she was terminated without good cause. The plaintiff also believed that
the defendant violated California law by engaging in age discrimination and by failing to pay her overtime for
the work she had performed beyond 8 hours per day and 40 hours per week.
According to the defendant: The defendant contended that the plaintiff was fired for good
cause.
Settlement Discussions
The plaintiff demanded $182,850. The defendant offered $2,500.
Damages
The plaintiff claimed $165,600 in past and future loss of earnings and $31,518 in overtime compensation for over the last three years.
Injuries
Severe emotional distress and loss of earnings claim.
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