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Employment Law
Wrongful Termination
Age Discrimination

Donald Sauer v. Ultramar Inc.

Published: Apr. 29, 1995 | Result Date: Apr. 7, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC100839 –  $1,200,000

Judge

Ernest G. Williams

Court

L.A. Superior Central


Attorneys

Plaintiff

Charles Ted Mathews
(Mathews Law Group)


Defendant

David D. Kadue
(Seyfarth Shaw LLP)


Experts

Plaintiff

Theodore Vavoulis
(technical)

Facts

On January 20, 1993, Plaintiff Donald Sauer's employment as Defendant Ultramar's manager of security was ended when he was dismissed without warning with a $21,733 severance package and out-placement services. He was the oldest managerial employee; he had held the position since 1979 (with Ultramar and with the previous employer at the same factory). It was conceded that his performance was satisfactory. The Plaintiff's supervisor was 19 years younger. Plaintiff was 61 years of age at the time of his termination.

Settlement Discussions

Plaintiff contends his demand was $50,000 and Defendant offered $15,000. Defendant contends it offered $25,000 and Plaintiff demanded $450,000.

Specials in Evidence

$400,000

Damages

Plaintiff sought past and future lost earnings; employee benefits; emotional distress damages; and punitive damages.

Injuries

Emotional distress arising from abrupt termination of employment.

Deliberation

3 days

Poll

varied, but 9-3 on age discrimination, punitive damages, and breach of contract

Length

11 days


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