Case details

Servers claimed new owner fired them because of age

SUMMARY

$5680000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 15, 2010, GACN Inc. obtained control of Cable’s Restaurant, located at 20929 Ventura Blvd., Woodland Hills. Two days later, the new owner let go several long-time servers, including plaintiffs Martha Aboulafia, 57; Cheryl Colgin, 57; Patricia Monica, 66; Lesi Clothier, 55; and Patricia Ann Long, 74. Approximately seven months later, plaintiff Regina Greene, 47, also a long-time server at Cable’s Restaurant, was terminated for suspicion of working under the influence. The former servers claimed that within a year, their positions were filled by younger women. Thus, they claimed they were wrongfully terminated due to their age. Aboulafia, Clothier, Colgin, Greene, Long and Monica sued GACN Inc., which was doing business as Cable’s Restaurant, and a manager, Carlos Reyes. However, Reyes was ultimately granted summary judgment on harassment claims against him, and he was let out of the case. The former servers alleged that the actions of GACN Inc. and Metsos constituted age discrimination and wrongful termination. Greene also alleged the new owner denied her rest breaks. Long and Clothier ultimately settled on the eve of trial. Aboulafia, Colgin, Greene and Monica claimed that they were all were promised continued employment and retained by the restaurant’s new owner in February 2010, but that even as they were being retained, GACN Inc. was advertising on Craigslist for their replacements. Three of the plaintiffs claimed that they were abruptly fired two days later and soon replaced, while another three plaintiffs claimed they was driven out in March 2010, September 2010 and December 2010, respectively. Plaintiffs’ counsel contended that all of the servers’ positions were ultimately filled by much younger, relatively inexperienced women in their 20s. Counsel also contended that the plan implemented by GACN Inc. to eliminate older employees in favor of younger ones spanned all of 2010. Thus, counsel argued that the servers were discriminated against and wrongfully terminated due to their age. Plaintiffs’ counsel called other former employees, including younger waitresses, to testify about the terminations and subsequent hiring of younger servers. In addition counsel argued that although GACN Inc. claimed that management terminated Greene in September 2010 because they suspected her of coming to work drunk, evidence presented at trial showed that GACN Inc. contested Greene’s application for unemployment benefits by claiming that she “quit” with no notice. Defense counsel contended that when the new owners took over in February 2010, there were 14 servers employed by the prior management of Cable’s Restaurant. Counsel contended that of those 14 servers, three of them (Aboulafia, Colgin and Monica) were laid off, while the remaining 11 original servers were hired because they were named by the supervisors as well-performing employees. Defense counsel also contended that the servers and supervisors retained by GACN Inc. ranged in age from 45 to 75. In addition, defense counsel contended that GACN Inc. employed Greene until September 2010, when she was terminated for suspicion of working under the influence., Aboulafia, Colgin, Greene and Monica claimed that they had a combined 47 years of service at the restaurant, while they had a combined 7 months and 2 days with GACN Inc. Thus, Aboulafia, Colgin, Greene and Monica sought recovery of damages for their lost wages and emotional distress, as well as recovery of punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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