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March 12, 1999
EMPLOYMENT LAW
Wrongful Termination
Discrimination

   

SETTLEMENT:

 

$175,000.

CASE/NUMBER:

 

Case I.D. Confidential.

COURT/DATE:

 

Los Angeles Superior Central / February 15, 1999.

MEDIATOR:

 

Deborah Rothman, American Arbitration Association.

ATTORNEYS:

 

Plaintiff - Confidential.
Defendant - Jeffrey L. Malek (Malek & Malek, Torrance).

FACTS & CONTENTIONS:

 

Claimant, an employee with 25 years of 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 statue and constituted fraud. He was terminated on the grounds 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 the management, never reported or threatened to report the company to any government agency, and further, that he worked too slowly, committed malpractice, was argumentative, and did not get along well with the clients or the employees. The defendants further contended that their practice and policies were consistent with applicable California law, and that they terminated plaintiff when they inferred that he was writing memoranda for the sole purpose of suing defendants.

DAMAGES:

 

Plaintiff failed to mitigate his damages.

SETTLEMENT DISCUSSIONS:

 

The plaintiff made a C.C.P. Section 998 settlement demand for $300,000 reduced to $250,000. The defendants had not countered prior to the mediation.

MEDIATION:

 

A mediation was held on September 11, 1998, before Deborah Rothman of American Arbitration Association. Had the matter not settled, it was scheduled for trial.

Copyright 1999 Daily Journal Corp. Reprinted with Permission.

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