Shannon Foley, Business and Employment Law

MANY RECENT AGE DISCRIMINATION CASES SETTLED… AGE DISCRIMINATION IS A FAMILIAR SCENARIO ESPECIALLY AS OUR WORK FORCE AGES… Many older workers are laid off by the company and told it is because their “POSITION WAS ELIMINATED. ” However, the worker happens to be a long term employee with a great employment record, the highest paid in the Department and one of the oldest in the Department. The Reorganized department has an employee half their age 20-30 year old less qualified taking their job duties. OFTEN EMPLOYERS WILL MASK UNLAWFUL AGE DISCRIMINATION IN A LAY OFF, SO IF YOU FEEL YOU’VE BEEN UNLAWFULLY LAID OFF/TERMINATED, WHETHER THEY OFFER A SEVERANCE OR NOT, CONTACT ME TO DISCUSS THE FACTS BEFORE YOUR SIGN ANY DOCUMENTS. SHANNON FOLEY 310-546-8118.

SEXUAL HARASSMENT CASES RESULTS IN RECOVERY OF $500,000 Shannon Foley filed suit for sexual harassment on several cases recently. They resulted in recovery of about $400,000-500,000. The cases involved male supervisors sexually harassing the subordinate female employee. The Companies did little, if anything, to stop the harassment or monitor the situation. The women were terminated after becoming sick/disabled due to the traumatic events in the workplace. The Companies fought hard, but eventually had to pay for their wrongful conduct, sexual harassment, and retaliation. Some cases recover higher amounts, others less than $500,000. Many cases resolve through negotiated settlements.

FOLEY WINS RETALIATION AND GENDER DISCRIMINATION CASE Foley wins case Conney v. UC Regents, $2.95 Million plus $450,415 in Attorneys Fees in Los Angeles Superior Court. Janet Conney, M.D. was working as a Research and Clinical Geriatric Psychitrist for UCLA when she spoke up about being treated differently because she is a women, and complained about sexually harassing behavior. Thereafter, she was retaliated against and forced to “interview” for a position she was promised two years in a row. The search committee, never ever used before for internal candidates, was made up of the various males she had complained were harassing her or retaliating against her. She was terminated and lost her dream of a career in academic medicine. Foley and trial attorneys Michael Baltaxe and James Autrey recovered an amazing victory for Janet Conney and hopefully will help UCLA correct its unlawful practices in the School of Medicine and Dept of Bio Behavioral Sciences. The case has been appealed by UC.

AGE DISCRIMINATION—SEVERANCE NEGOTIATIONS. Foley negotiates severance for many workers being squeezed out due to Age. Many companies squeeze out experienced and high salaried workers over 40 (usually 45-55) due to age and the cost of employing them. Often they will be replaced by several younger workers, typically in 20’s and 30’s for less money. Shannon enjoys negotiating a severance agreement or litigating the age cases. It is often very difficult to find comparable employment for older workers. The Employer usually has to pay if they want them to leave with a Mutual Release. Recently, Shannon negotiated an Older executive out for mid six figures, doubling the recovery. Shannon filed a lawsuit on another age case, recovering six times the original severance offer. Often, “lay offs” are disguised opportunities for companies to get rid of older expensive workers. One company laid off 6 people, all over the age of 40 (actually 60), retaining their younger less expensive workers, some who were hired just prior to the layoff, others hired after the “layoff.” This is age discrimination. The company is being held accountable for their actions through legal action. In other cases, Shannon stays behind the scenes advising the client on their rights and helping them negotiate an enhanced severance package.

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