(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
DISPARATE TREATMENT CLAIM
Although discovery has not been pursued with regard to this claim, Ms. Smith contends that Ethan Jones (her quasi-supervisor for a period of time because her direct supervisor rarely came to work) and Charles Green, her second level supervisor treated her differently than males in comparable positions.
More significantly, Ms. Smith’s supervisor, Sam White, who Plaintiff will testify was completely incompetent, frequently absent, and was the person who left her confidential evaluation on the computer screen was never terminated despite his incredibly poor performance.
EQUAL PAY ACT CLAIM
While Ms. Smith worked for Foundation, she suffered wage discrimination as defined by the state and federal Equal Pay Acts. Ms. Smith’s salary was very low for her position. Many others in her position were managers but she was refused that title. Plaintiff alleges that the male hired in her prior position shortly after she asked to be transferred to Rosevillewas paid $6,000 more a year than she was in that same position.
Foundation argue the reason for the pay discrepancy was the male employee’s greater qualifications, but Ms. Smith will testify that the qualifications which actually applied to the job in question were equal; it was the pay that was different.
Had Ms. Smith remained at Foundsation she would have received increasing salary (including increased salary from promotions that were denied to her by her second level supervisor, Charles Green and her quasi-supervisor, Ethan Jones) for 14 years until retirement with an average increase of approx. 3%, totaling $1,262,776. Had Plaintiff received promotions, the total would be $1,528,201 assuming a salary of $95,000 a year in 2005, $1,608,632 assuming a salary of $100,000 a year in 2005 and $2,010,791 assuming a salary of $125,000 in 2005. While Ms. Smith is currently working as a temporary employee for Bayer, through an agency, this is not comparable employment. She is paid $30 an hour with no benefits. Ms. Smith’s many other attempts at gaining employment have been unsuccessful.
Benefits lost by Ms. Smith as a result of the termination are:
1) Medical and dental benefits
2) Flexible employee life ($500,000 death benefit)
3) Accidental Death Benefit
4) Long-term Disability Benefit
5) Three years build up of contribution to sick time and vacation which increases with time served.
6) The contribution to the time served would have resulted in medical benefits for life; 16 years of service gains a retiring-employee medical benefits for life.
7) The ability to contribute to a 401K that Foundation matched .50 on the dollar.
8) Two $1,000 re-imbursements for education.
9) Bonuses of 3-5% of an employee’s gross salary or $2,355 – $3,925, increasing per year of service.
In addition, Ms. Smith has suffered substantial emotional distress.
Attorney fees are also compensable under Ms. Smith’s claims under the Labor Code, Health and Safety Code Section 1278.5, Equal Pay Act and FEHA.
At mediation in this case, Ms. Smith’s final demand was $850,000 and Foundation’s final offer was $55,000. Ms. Smith’s current demand is $490,000.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.