Confidential
Settlement – $175,000Facts
Claimant, an employee with 25 years experience, was employed by defendants for four months. During his employment, he claimed that management pressured him to overbill. He expressed to management his concerns about the legality of defendants' billing, business and compensation practices, claiming these practices violated California statute and constituted fraud. He was terminated on the grournds that he was not a good fit with the company's way of doing business. The defendants contended that the plaintiff failed to share his concerns about the legality of its practices with management, never reported or threatened to report the company to any governmental agency, and further, that he worked too slowly, committed malpractice, was argumentative, and did not get along with the clients or the employees. The defendants further contended that their practices and policies were consistent with applicable California law, and that they terminted plaintiff when they inferred that he was writing memoranda for the sole purpose of suing defendants.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000 reduced to $250,000. The defendants had not countered prior to the mediation.
Damages
The plaintiff had failed to mitigate his damages.
Other Information
A mediation was held on Sept. 11, 1998, before Deborah Rothman of American Arbitration Association. Had the matter not settled, it was scheduled for trial.
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