Age and National Origin Discrimination:
Plaintiff, was a 55 year old of Mexican origin and the former vice-president of manufacturing for Defendant whom he was employed with for 37 years, Plaintiff alleged claims of illegal discrimination on the basis of age and national origin, harassment on the basis of age and national origin, failure to prevent discrimination and harassment, and wrongful termination in violation of public policy. Plaintiff alleged both monetary and non-monetary damages.
Defendants denied all of Plaintiff’s allegations, denied terminating Plaintiff, and denied that they caused Plaintiff damages. Defendants further contested the amount of Plaintiff’s claimed damages. Defendants made a statutory offer of $1,500.00 at the onset of the case and $10,000.00 before trial. Both were rejected by Plaintiff.
After a trial that lasted four weeks and after three days of deliberation the jury found the following: Discrimination based on age and the Plaintiff’s age were a substantial motivating factor for terminating Plaintiff, furthermore, Harassment based on age and/or national origin against all Defendants.
The jury found in favor of Plaintiff and awarded him a total of $2,346,548.00.
Verdicts & Settlements Final Preview
RESULT DATE: Sept. 29, 2016
Hector Garcia v. Republic Bag Inc., Stephen Schroeder (MCC1400946)
Hon. John W. Vineyard
TOPIC: Employment Law
SUB TOPIC: Wrongful Termination
FURTHER DESCRIPTION: Age and National Origin Discrimination
Plaintiff – David R. Denis (Law Offices of David R. Denis P.C., Los Angeles).
Defendant – Robert J. Kane, Peter L. Wucetich, Shane P. Criqui (Stuart Kane LLP, Newport Beach).
Plaintiff, Plaintiff – Anthony Reading, Ph.D., psychology, Beverly Hills.
TECHNICAL: Plaintiff – Timothy Lanning, Ph.D., economics, Santa Ana.
FACTS: Plaintiff Hector Garcia’s filed suit against his former employer, defendant Republic Bag Inc. and his direct supervisor, defendant Stephen Schroeder, claiming discrimination. PLAINTIFF’S CONTENTIONS: Plaintiff, the former vice president of manufacturing and 37-year-employee of Republic Bag alleged claims for illegal discrimination on the basis of age and national origin, harassment on the basis of age and national origin, failure to prevent discrimination and harassment, and wrongful termination in violation of public policy. Hector Garcia, who is of Mexican national origin, was 55 years old when he was wrongfully terminated. He alleged that he has suffered monetary and severe emotional distress damages. DEFENDANT’S CONTENTIONS: Republic Bag and Stephen Schroeder denied all of plaintiff’s allegations, denied terminating plaintiff. Republic Bag also denied that it caused plaintiff damages, and it contested the amount of plaintiff’s claimed damages.
SPECIALS IN EVIDENCE: LOE: $279,617 Future LOE: $661,098
JURY TRIAL: Length, four weeks; Deliberation, three days
SETTLEMENT DISCUSSIONS: Defendants made a CCP 998 offer of $1,500 and before trial an offer of $10,000, which was rejected by plaintiff. RESULT: The jury found discrimination based on age and that plaintiff’s age was substantial motivating reason for defendants’ adverse employment action against plaintiff. The jury also found harassment based on age and/or national origin against all defendants. The jury found in favor of the plaintiff and awarded him a total of $2,346,548, which consisted of $2,324,048 from Republic Bag, and $22,500 from Schroeder. The jury found for plaintiff in the punitive damages phase, but at Phase II awarded no money for punitive damages.
OTHER INFORMATION: FILING DATE: June 26, 2014.