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Employment Law
Wrongful Termination
Failure to Perform Duty, Wage Claim

Azucena Salas v. Nijjar Realty Inc.

Published: Oct. 6, 2012 | Result Date: May 4, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 78M3289 Arbitration –  Respondent

Court

Alternative Resolution Centers


Attorneys

Claimant

Jordan D. Bello
(Lavi & Ebrahimian LLP)

N. Nick Ebrahimian
(Lavi & Ebrahimian LLP)


Respondent

Ronald W. Novotny
(Atkinson, Andelson, Loya, Ruud & Romo)


Facts

Claimant Azucena Salas, a property manager at an 80-unit apartment complex in Rosemead was terminated in April 2010 after nine years of employment with respondent Nijjar Realty Inc. She claimed unpaid wages and overtime along with wrongful termination.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant claimed wrongful termination for assisting a co-employee in her workers' compensation claim, and unpaid hours as an apartment manager.

RESPONDENT'S CONTENTIONS:
Respondent claimed that claimant was fired for failing to adequately maintain the property she managed as a resident manager, and that it paid her all compensation due in salary and rent credit.

Settlement Discussions

Claimant made no demand. Respondent offered $10,000.

Result

Award for respondent on all claims. The arbitrator found the property was in unkempt and deplorable condition, and that claimant failed to prove she was entitled to unpaid wages.

Other Information

Los Angeles Superior Court granted petition to compel arbitration of claimant's claims. ARBITRATOR: Gabriel Gutierrez, Alternative Resolution Centers.


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