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Employment Law
Constructive Discharge
Demotion

Rosemary Bockmiller v. U.S. Divers Co., Inc.

Published: Dec. 28, 1996 | Result Date: Nov. 22, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 752857 –  $0

Judge

Jane D. Myers

Court

Orange Superior


Attorneys

Plaintiff

Robert B. Schachter

William C. Johnson Jr.


Defendant

James L. Morris

Sandra Young


Experts

Defendant

Michael P. Ward
(technical)

Facts

Plaintiff Rosemary Bockmiller, a 58-year-old woman, worked for defendant U.S. Divers for 31 years, the last nine years as a credit manager. In June 1995, the defendant company underwent a reorganization in which the plaintiff's job was eliminated. The plaintiff was offered a non-exempt job reporting to her former assistant manager. The plaintiff refused the job and left the defendant company. The plaintiff was paid 10 weeks severance pay, but refused an enhanced severance agreement. The plaintiff has not found regular full-time employment since leaving the defendant company. The plaintiff brought this action against her former employer based on age discrimination, constructive discharge, breach of implied covenant of good faith and fair dealing and wrongful demotion theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $675,000, which was increased to $750,000 and was then reduced to $375,000. The defendant made a C.C.P. º998 offer of compromise for $75,000 10 days before trial.

Other Information

The verdict was reached approximately one year and two months after the case was filed. A settlement conference was held on Oct. 25, 1996 before Judge Jane Myers. It did not resolve the matter.

Deliberation

1 hour

Poll

11-0 (all issue)

Length

10 days


#79053

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