Case details

Scouts not fired due to age, football team alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On May 1, 2012, plaintiffs Bruce Kebric, 68, and Jon Kingdon, 59, were terminated from their positions as scouts for the Oakland Raiders, a professional football team. Kebric and Kingdon claimed that they were terminated because of their age. Kebric and Kingdon sued the Oakland Raiders, alleging age discrimination and wrongful termination. Plaintiffs’ counsel noted that Mark Davis took over as the Raiders’ owner in October 2011, after the death of his father, Al Davis, the team’s longtime leader. Counsel also noted that Mark Davis then hired Reggie McKenzie as general manager on Jan. 6, 2012. Plaintiffs’ counsel argued that when the team was reshuffled in 2012, the Raiders’ general manager, McKenzie, and owner, Davis, wanted to get rid of older people and bring in a younger staff. Counsel contended that McKenzie replaced Kebric and Kingdon, who each had more than 30 years of experience as scouts, with younger scouts who had less experience. McKenzie denied that age was a factor in his decision to fire Kingdon and Kebric. He claimed that, in fact, he retained many older people in the scouting department and other departments and that the average age of full-time employees in the scouting department declined by only a fraction, from 42.66 to 42.06, after Kingdon and Kebric were fired. Defense counsel disputed the allegations of Kebric and Kingdon, and argued that McKenzie was simply a new general manager who brought in people he knew. Counsel also argued that Kingdon and Kebric were replaced because McKenzie did not think Kingdon and Kebric were good leaders or communicators., Kebric sought recovery of $480,000 in past lost wages since the time of his firing and more than $1 million in additional earnings, if he could have worked until age 73. Kingdon sought recovery of $430,000 in past lost wages since his firing and more than $1.5 million in future lost earnings, if he could have worked until age 73. Kebric and Kingdon both claimed they should also be awarded emotional-distress and punitive damages. Defense counsel noted that the plaintiffs had a designated statistical expert, but the court excluded him from testifying under the Sargon Enterprises case and Evidence Code § 352. The defense’s vocational expert testified that Kebric and Kingdon could have each found comparable work in the nine months since their firing. Thus, he opined that Kebric and Kingdon could have been more diligent in their job search.
COURT
Superior Court of Alameda County, Oakland, CA

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