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Employment

Christopher P. Wesierski (Senior Partner/Irvine Office) and Laura J. Barns (Junior Partner/Irvine Office) successfully defended a car dealership in regard to claims of race discrimination and a violation of the Labor Code and won a summary judgment that granted the client a defense award in favor of the employer. The clients were awarded costs in this case.

Christopher P. Wesierski (Senior Partner/Irvine Office) and Laura J. Barns (Junior Partner/Irvine Office) also won a summary judgment in favor of the employer in regard to a claim by a female manager that she was discriminated against in pay because she was female and paid less than the males who were in a similar position to her at the car dealership. The clients were awarded costs in this case.

Christopher P. Wesierski (Senior Partner/Irvine Office) recently obtained a defense verdict for an employer company and a non-suit for the President of the company in Orange County after seven days in a trial. Plaintiff claimed that the defendant had discriminated against her and fired her because she contracted a sexually transmitted disease from one of the co-owners of the company.

She also claimed emotional distress and inability to perform her job because of it. Plaintiff alleged that she was out of work for one year and that she was going to have to undergo future medical procedures to treat the herpes which in turn would not allow her to make as much money as she did at her previous job. Defendants claimed that they laid plaintiff off because they were slowing up in the leasing area and they only needed one accounts receivable collector instead of two.

Plaintiff initially claimed 9 causes of action against defendants and defendant counsel narrowed it down to two causes of action against one defendant by the time it went to the jury through motions.

Defendant won the case after five hours of deliberation. Defense waived costs in exchange for the plaintiff waiving her right to appeal.

Christopher P. Wesierski (Senior Partner/Irvine Office) was successful in a Santa Barbara case where he was retained to represent a dentist. The dentist was accused by three Latina office workers of terminating them on the basis that they were Latina and pregnant and unmarried. Each of them asserted that the dentist told them to "get rid of the baby" and when they refused to do so then the dentist made their life miserable. They also sued for improper hourly payments and discrimination based on race, pregnancy and being unmarried.

Each plaintiff sued for over a couple hundred thousand each plus attorney fees and indicated they should be entitled to punitive damages because of the horrific conduct by the dentist.

The jury found in favor of the dentist and rendered a defense verdict on all counts after a few hours of deliberation. Plaintiffs' motion for a new trial was denied and the defendant was awarded costs.

In another recent case, Chris Wesierski successfully obtained a judgment of nonsuit and directed verdict in Long Beach when a doctor was sued for sexual harassment and sexual battery and wrongful termination. Plaintiff alleged that she used to work in the doctor's office as a staff person and she was exposed to unwanted behavior by the doctor and observed improper conduct by the doctor toward others when she unexpectedly barged in on the doctor and another staff person.

The court found that plaintiff did not meet her burden of proof on all counts after she rested and ordered either a nonsuit or directed verdict on multiple counts. The plaintiff was ordered to pay costs and attorney fees and those are now being collected.