68-year old Salesman Wins Age Discrimination Lawsuit against McMachon’s RV

These days, a lot of older employees have been getting passed over or fired in favor of younger or fresh out of college workers. Now that the U.S. is in recession, experience and wisdom at work isn’t as valuable as hiring cheaper labor.

This is why most employers find means and ways to cut older employees off the payroll (whether its termination, constructive dismissal, or even forced retirement) and opt to hire younger workers who would gladly work for a lower pay and less benefits.

However, this does not mean that older employees especially those aged 40-years old and above have no remedy for this kind of discriminatory treatment.

Take for example, the recent victory claimed by a 68-year old salesman from Placentia. Recently, he was awarded by an Orange County jury damages amounting to $385,000 after he filed an age discrimination lawsuit against his employer.

Bob Liemandt is a former employee of McMahon’s RV, a retailer of recreational vehicles in Irvine, and he has worked as a car salesman for 46 years. Allegedly, in 2009, after a massive heart attack in 2005, he started getting hinted into and pressured at retiring. A former employee testified during trial that the company’s president, Brent McMahon even called Liemandt a “liability” after his heart attack and said that the company had to get rid of him. In his complaint, Liemandt claimed that he was fired after an argument with one of the managers on the same day another employee was let go.

The jury found the company guilty of wrongful termination based on age and that the company violated public policy. Further, McMahon’s was also found guilty of oppression, fraud, and malice by the jury which merited the award of punitive damages amounting to $50,000. The rest of the award covered Liemandt’s backwages, lost commissions, loss of income, as well as compensation for his pain and suffering.

Although the company is going to appeal the case, according to Liemandt, he sued not just because of age discrimination. He wanted to take a stand for himself as well as others who were terminated because of their age.

Under the Age Discrimination in Employment Act (ADEA), it is unlawful to discriminate against an employee or job applicant because of his age. This protection against age discrimination encompasses the following aspects of employment: hiring, firing, pay, promotion, job benefits, lay-off, or any other term or condition of employment.

This is why employees like Liemandt should not be afraid to take a stand and fight for their rights against discrimination. For more questions on age discrimination claims, you may call expert Los Angeles attorneys from the Mesriani Law Group at (310) 826-6300 or send us an email at info@mesriani.com.

First Student to pay $150,000 for Sexual Harassment, Retaliation

In Los Angeles, the Equal Employment Opportunity Commission has imposed a $150,000 fine on a company after allegedly covering up sexual harassment complaints against a supervisor and even retaliating against the female employees.

In a suit against First Student, the EEOC claimed that a male supervisor allegedly sexually harassed 3 female drivers and an HR assistant and made unwelcome verbal and physical acts against the women. Allegedly, aside from making explicit remarks about the female employees’ body parts and the sexual acts he wanted to perform on them – he also exposed himself, grabbed the breasts of one of the female bus drivers and rubbed himself against her.

When the victims allegedly complained, a male manager failed to address the matter and even covered up the sexual harassment. One of the victims was disciplines while another was transferred in retaliation. Further, one of the female bus driver’s hours were cut because the supervisor’s sexual advances were refused, he also promised extra hours to employees who’d accept his sexual requests.

The severe sexual harassment forced 3 of the complainants to resign and according to the EEOC, the $150,000 will be awarded to the four female employees.

Sexual harassment is one of the most common labor violations in the workplace. Under the Civil Rights Act of 1964, it is unlawful to discriminate against an employee or applicant on the basis of one’s race, color, disability, or sex. Sexual harassment is actually a type of gender discrimination prohibited by the law and the EEOC defines it as any unwelcome conduct of a sexual nature that adversely affects a person's job or her performance. The US Supreme Court defined the 2 types of sexual harassment as:

• Quid Pro Quo – This means, “this for that”. This is a type of sexual harassment that results to adverse employment decisions (ex. refusing to hire, low pay, firing) if the employee refuses to cooperate or submit to an employer, supervisor, or manager’s unwelcome sexual advances or requests for sexual favors.

• Sexually Hostile Work Environment – This involves severe and pervasive behavior or conduct from either the employer, manager, co-workers, or clients that is sexually offensive that unreasonably interferes with the employee’s work performance.

Sexual harassment is illegal so victims should make sure to report any incidents of it especially if it has continued despite rejecting the harasser or telling him to stop.

For more information on sexual harassment lawsuits in Los Angeles, you may visit http://www.mesrianilaw.com or call the Mesriani Law Group at their toll free number at 1-866-325-4529 or email them at info@mesriani.com for free case analysis.

Trucker How Struck Minivan in Ventura Freeway: Negligent by Virtue of DUI

One of the main differences between truck drivers and regular drivers is the allowed alcohol in the system while driving.

While most states (including California) allows regular drivers to have less than 0.08 percent BAC on their system, federal law prohibits truckers from having ANY alcohol in their system.

That is why even the slightest alcohol in the system, can be used to prove a truck driver’s negligence in a truck accident.

That is probably going to happen on the part of the trucker who was arrested this Tuesday morning after crashing his truck into the center divider of the Ventura (101) Freeway and slamming into a minivan.

The crash seriously injured the minivan driver who had to be brought to a nearby hospital with the trucker, who sustained minor injuries.

The CHP also arrested the trucker for suspicion of driving under the influence and there are indications that his BAC may be more than the limit of regular drivers.

The minivan driver could and should file a personal injury claim against the trucker so that he can get compensation not only for his treatment but also for other losses he sustained such as lost income due to missed work, emotional distress and pain and suffering.

The trucking company can also be named as a defendant in the claim or lawsuit since they have vicarious liability over the actions of their employees.

Good news is that large trucks like big rigs and semis usually carry higher insurance coverage in case something like this happen.

Impaired Driving: DUI and Medical Conditions of Drivers

Impaired driving is one of the leading causes of motor vehicle accident death and injuries. While driving impaired usually means driving under the influence of alcohol or drugs, it may also be in the form of driving with a medical condition or elderly driving.

Tone-Loc, a rapper and actor was arrested for Driving Under the Influence (DUI) last December in Los Angeles but according to him, his arrest was a mistake.

It was reported that Tone Loc (Anthony Terrell Smith) was spotted driving erratically by the Los Angeles Police Department officers at around 3:00 in the morning. He was subsequently pulled over by the police and taken into custody and booked for DUI.

Although Tone-Loc was released 12 hours later after posting a $5,000 bail, he claims that he wasn’t driving erratically because he was drunk but that he was actually having a seizure right before the arrest.

His manager came to his defense and said that Tone-Loc hasn’t been drinking for many years as he has a history of seizures. Although the rapper was released after posting bail, the manager said that the cops realized his medical situation so they released him.

The rapper later that day checked into a hospital and claimed that the seizure may have been caused by the bad food he ate earlier.

Yearly, thousands die on the road because of impaired driving. Statistics show that in 2008, an estimated 11,773 people died in alcohol-impaired traffic crashes. Although medical-related accidents have no concrete statistics, it is just as potentially fatal as DUI crashes.

Whether its avoiding alcoholic beverages or drugs or taking proper medication right before driving, all drivers have legal obligation to drive diligently and safely to avoid causing injuries to other motorists on the road.

The driver shall be considered negligent if he or she was drunk or drugged at the time of the accident or if he had a medical condition and failed to take proper precautions or even drove even if it wasn’t safe.

Under the law, victims of impaired driving accidents may file a personal injury lawsuit against the negligent party and seek damages. A negligent or impaired driver shall be required to pay compensation to the injured party for his injuries or expenses related to the accident through economic and non-economic damages.

Promoter and Driver Sued in Fatal Off-Road Race Accident

Following a fatal off-road race crash that killed eight spectators, the mother of one of the victims, Andrew Therrien, 22, of Riverside has filed a claim against the race promoter and the driver.

The lawsuit filed by Doris Levinson is in behalf of Therrien’s young daughter named Johnson Valley off-road race promoter MDR Productions and driver Brett Sloppy as defendants. According to her claim, the promoter and the driver acted recklessly and negligently on the fatal August 14 race and failed to take proper precautions which led to the driver’s truck flipping into a crowd of people.

Allegedly, Therrien lost his life when he pushed his daughter out of the way of the truck and 7 other people died a few feet away from the track. Through her attorneys, Levinson claims that MDR did not follow established safety practices, failed to warn spectators about dangerous spots and keep them out, as well as for negligently understaffing the event. Further, the driver was accused of driving recklessly in a crowded area.

In addition to the above-mentioned defendants, the lawsuit also seeks to hold the Bureau of Land Management liable as it failed to oversee its permitting procedures which led to the accident. A claim has been filed against BLM, the first step in suing the federal government.

While human life is priceless and a lawsuit can never bring back a loved one lost in an accident – personal injury litigation is one way to help the victims or his surviving family meet the expenses and losses incurred after a death or an injury.

In fact, most personal injury or wrongful death claims seek to recover “damages”. Damages is a legal term used to define compensation paid by a defendant for an injury or loss – this may also be awarded in order to punish the defendant for his negligence or fault.

There are two basic types of damages – compensatory and punitive. The former is to provide compensation for actual expenses or losses suffered by the victim in order to restore him to his condition before the accident occurred. This includes medical expenses, loss of wages, doctor’s fees, and other related costs. Again, while human life and pain has no actual value, payment of compensatory damages may be used to reimburse all expenses incurred as a result of the accident.

Punitive damages on the other hand, when awarded are used to punish the defendant and to deter others from committing the same mistake or misconduct.

Occupants not Wearing Seatbelts in Palmdale Accident that Killed Two, Injured Three Others

Seatbelts have been proven to lessen the number of fatalities in accidents. In fact, a lot of victims of car accidents have attributed their survival to their seatbelts.

Needless to say, the neglect of using these safety devices can have serious consequences like what happened in a recent accident.

According to reports, a pick-up broadsided an out-of-control Mercedes in Palmdale which resulted to two deaths and injuries of three other occupants. No one among the vehicle occupants was wearing their seatbelts when the accident happened.

The northbound Mercedes was reportedly speeding along the northbound lanes of Sierra Highway when its driver, a 35-year-old man from Palmdale, lost control and veered to the opposite lanes where it was hit by a southbound pick-up.

The impact of the collision killed the Mercedes driver and his 26-year-old female passenger. A 4-year-old girl who was said to be at the backseat was thrown off the vehicle. She sustained minor injuries and was taken to a hospital.

Both occupants of the pickup, on the other hand, were not as lucky as Lancaster man Miguel Lugo, 38, and a Palmdale woman identified as 26-year-old Erika Espitia were hospitalized with serious injuries.

Though it was raining in the area when the accident occurred, authorities have ruled out weather as a factor in the crash.

Though speeding and the driver’s negligence is believed to be the main cause of the accident, the fatalities and serious injuries could have been avoided if only those involved where wearing their seatbelts.

To prevent fatal vehicle accidents like this, drivers must make sure that his passengers are wearing their seatbelts before driving away.

A simple precaution like this can save lives and minimize the seriousness of injuries that can be incurred in accidents like this.

16-Year Old Crashes Big Rig in Mobile Home Park

Obviously, big rigs are dangerous – its size has the potential to cause greater damage and destruction in case of an accident. Now imagine a 16-year old driving it -- worst idea ever, right?

The California Highway Patrol (CHP) are now investigating a big rig crash in Lake View Terrace after it drove into a mobile home park. While fortunately, no one was injured, the accident was said to have been caused by a 16-year old boy at the wheel of the big rig.

The big rig truck was reportedly hauling whipped cream and a 20-year old was supposed to be driving. However, according to CHP Officer Francisco Villalobos, the 20-year old driver had gotten tired so he let his 16-year old brother drive. Two of his brothers, a 14 and 3 year old were also in the big rig with him when it crashed.

Some 300 miles from Livingston south to Ontario, the crash occurred in Foothill Boulevard at around 3:39 in the morning. Authorities believe that the 16-year old unlicensed driver fell asleep while driving. The brothers initially tried to say that the eldest was driving however they later admitted that the 16-year old was driving when the accident occurred.

A homeowner in the mobile park said that the big rig could have easily taken down his family’s bedrooms when it crashed.

Driving a car safely and responsibly is hard enough – more so for a big rig or large truck that could weigh more than 10,000 pounds. In fact, according to the California Department of Motor Vehicles, operating large trucks or buses need special skills and professionalism on the part of the driver. Standards and safety rules are actually even higher for commercial trucks -- federal regulations require carriers to test all commercial drivers for drugs before employment, after crashes, and on a random basis. Drivers with BACs at or above 0.04 percent are disqualified from driving.

The failure to operate the big rig safely is not just the liability of the driver. Under the law, even the trucking company can be made to pay damages for any injuries or property damage caused by their employee.

In this case, even if it wasn’t their employee who caused the crash but his 16-year old brother, the trucking company can still be held liable for the accident under the principle of vicarious liability. A truck accident attorney will be able to provide you more information on big rig crashes and damages.