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CONFIDENTIAL

Oct. 5, 2004

Employment Law
Age Discrimination
Breach of Contract

Confidential

Settlement –  $465,000

Judge

Carol L. Mittlesteadt

Court

San Mateo Superior


Attorneys

Plaintiff

David J. Mattingly


Defendant

Michael B. Lawler


Facts

Crystal Springs Upland School is a private middle school and high school in Hillsborough. Doug Shult, Ph.D., taught mathematics at the school for 23 years and was head of the Math Department for 21 of those years. Shult, 62, was the second eldest of the school's approximately 35 faculty members. Shult was employed from 1980 until May 2003, when the school terminated him for alleged deficient performance. Shult brought suit alleging age discrimination and breach of implied employment contract. The plaintiff contended that he was terminated solely because of his age. The defendant denied terminating plaintiff because of his age and contended that his contract was merely not renewed. The defendant also contended that the school had several faculty members who were older than the plaintiff.

Damages

Loss of earnings.

Injuries

Emotional distress.

Result

$465,000

Other Information

After the plaintiff defeated a summary judgment on all claims, the parties submitted to mediation before retired Judge Gene McDonald of JAMS. Shult settled for $465,000.


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