Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this employment discrimination/personal injury case and its proceedings.)
DAMAGES
Had Ms. Church remained at Kaiser she would have received increasing salary (including increased salary from promotions which were denied to her by her second level supervisor, Charles Smith and her quasi-supervisor, David Black, for thirteen (13) 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 2006, $1,608,632 assuming a salary of $100,000 a year in 2006, and $2,010,791 assuming a salary of $125,000 in 2006. While Ms. Church 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. Church’s many other attempts at gaining employment have been unsuccessful.
Benefits lost by Ms. Church 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; fifteen (15) years of service gains towards retiring-employee medical benefits for life.
7) The ability to contribute to a 401K that Kaiser matched .50 on the dollar.
8) Two $1,000 reimbursements 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. Church has suffered substantial emotional distress.
Attorneys fees are also compensable under Ms. Church’s claims under the Labor Code, Health and Safety Code Section 1278.5, Equal Pay Act and FEHA.
At mediation in this case, Ms. Church’s final demand was $850,000 and Kaiser’s final offer was $55,000. Ms. Church’s current demand is $490,000.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.