Facts

Plaintiff Joseph O'Brien was a salesperson working in Cleveland, Ohio. Defendant Rolling Hills Plastics Inc. offered him a job by email for a one-year term at $80,000 in the Los Angeles area. The plaintiff was terminated after four months.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the written job offer was a violation of Labor Code Section 970 because false representations were made about the term of the employment in the email.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was not terminated, but that his salary was lowered after four months because he was not producing.

Settlement Discussions

The plaintiff's last demand was $37,000 and defendants' last offer was $15,000. At the final status conference before being sent out to trial, Judge Soussan G. Bruguera suggested each party split the difference in their respective settlement positions. The defendant refused.

Result

Judge Morris B. Jones doubled the award under Labor Code section 972. Bench decision for $67,718.

Other Information

A mediation occurred before retired Judge Lawrence Crispo, which did not result in a settlement. The plaintiff has a motion for attorney fees and prejudgment interest pending. FILING DATE: March 7, 2008.