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Employment Law
Wrongful Termination
Breach of Implied Contract

Andrea Wagner v. MCS Rehabilitation Inc.

Published: Jan. 22, 2003 | Result Date: Oct. 28, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC237386 Verdict –  $0

Judge

Elizabeth A. Grimes

Court

L.A. Superior Central


Attorneys

Plaintiff

Carney R. Shegerian
(Shegerian & Associates Inc.)


Defendant

Charles Ted Mathews
(Mathews Law Group)

Michelle R. Sepich


Facts

The plaintiff, Andrea Wagner, was hired by MCS Rehabilitation, to become the director of their Welfare to Work Program which MCS was to administer per a contract with the City of Los Angeles. She was hired before the funding for the program was finalized so she was given other duties at a lower salary for the two months of her employment. When the funding arrived, she was made director and given a $45,000 annual salary. After two months, she was demoted because the program was not doing as well as expected and management felt another employee could do a better job. She was fired approximately two months later after stating at a meeting with her supervisors that she refused to do job development - a necessary part of her job, because "that's not what I was hired for."

Settlement Discussions

The plaintiff demanded $25,000. The defense offered to waive costs and fees in exchange for a dismissal with prejudice.

Damages

$14,000 claimed in lost income.

Deliberation

two hours

Poll

12-0

Length

three days


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