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CONFIDENTIAL

May 21, 1994

Employment Law
Wrongful Termination
Age Discrimination

Confidential

Settlement –  $67,500

Judge

William A. MacLaughlin

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Jonathan W. Biddle

Steven W. Paul


Defendant

Cynthia E. Fruchtman

John A. Lawrence


Facts

Plaintiff was 54 years of age at the time of his resignation from Defendant corporate owner of radio stations. He had been a 20-year employee and general sales manager of the company. In August of 1991, Defendant's general manager informed Plaintiff that the radio station decided to replace him as the general sales manager and offered him the option of a "voluntary resignation" or demotion to an account executive position. Plaintiff accepted the demotion after being promised that his salary would be subject to a gradual decrease and that he would continue to receive commissions. The general sales manager position was then filled by 2 individuals; one 35 years of age and the other 48 years of age. In addition, a memo allegedly was disseminated which indicated that the general manager wanted to hire several "young turks" to the sales force. Over the next several months, Plaintiff attempted to perform his new job duties as an account executive; however, he allegedly was repeatedly being left out of sales meetings, was not given any viable sales opportunities, and was threatened with losing his credit for sales commissions. Plaintiff submitted his resignation on March 25, 1992.

Settlement Discussions

Plaintiff contends he demanded $90,000 and Defendants offered $20,000 increased to $45,000.

Specials in Evidence

$200,000

Damages

Lost earnings in excess of $100,000.

Injuries

Emotional distress requiring unspecified treatments.


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