Case details

Termination due to complaint of being called racial names: suit

SUMMARY

$822400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In December 2015, plaintiff Jimmy Saxton, 40, a black salesman, was fired from his position at Hip Hop Beverage Corp. Saxton was hired by Hip Hop Beverage in March 2012 and worked at its former location, in Carson, selling Pit Bull energy drinks and other items. Saxton claimed that he was called racial names by his Korean supervisor, Jason Lee, and others. He further claimed that when he complained about the racial harassment to one of his supervisors, Herbert Hudson, in late 2015, he was fired in retaliation for his complaint in December 2015. In addition, Saxton claimed that he was not paid all of the wages he earned. Saxton sued his employers, Hip Hop Beverage Corp., Pit Bull Energy Products Inc. and Pit Bull By Hip Hop Inc.; an administrative services company, People Onesource; one of his supervisors, Herbert Hudson; and another one of his supervisors, the president of sales and operations, Rogers Jackson. Saxton alleged that the defendants’ actions constituted harassment under the Fair Employment and Housing Act, failure to prevent harassment, negligent retention of Lee, and wrongful termination. He also claimed that defendants failed to pay him his wages and filed to reimburse him for his mileage and other work expenses. Saxton claimed he worked for Hudson, but his alter-ego and joint-employer claims against Hudson were dismissed by court. Thus, the court dismissed Hudson as a defendant. Saxton also alleged that Jackson defamed him, but Saxton later dismissed Jackson as a defendant, and the defamation claim was dismissed during the trial. In addition, People Onesource was dismissed from the case. Thus, the matter continued against the remaining defendants. Defense counsel argued that Saxton was paid all of the wages he was owed, that there was no racial harassment and and that Saxton was legitimately laid off from his salesperson job. Counsel contended that Saxton’s position was eliminated in December 2015 and that Saxton was the last sales representative retained by Hip Hop, as all of the others had been laid off in the months preceding Saxton’s layoff. As to the alleged racial harassment, defense counsel argued that Saxton’s multiple witnesses were lying and that Saxton’s trial testimony was inconsistent with his deposition testimony and interrogatory answers, suggesting that Saxton’s trial testimony was not to be believed., Saxton claimed that he was owed unpaid wages and reimbursement for his mileage and other work expenses. He also sought recovery of emotional distress damages from the harassment and wrongful termination. Specifically, Saxton claimed that he suffered a major depressive disorder and a generalized anxiety disorder from the harassment and firing. The plaintiff’s psychology expert opined that Saxton suffered moderate anxiety and severe depression, as well as similar conditions caused by the harassment and firing. The expert subsequently recommended approximately one year of future treatment. Saxton, who was engaged at the time of trial, claimed that his employers had a long history of failing to pay wages owed and failing to deal with racial harassment. He alleged that instead of dealing with the hostile work environment, his employers fired him in retaliation for his complaint about the racial harassment in violation of the Fair Employment and Housing Act. Saxton alleged his employer’s conduct constituted malice, oppression, and/or fraud, entitling him to recovery of punitive damages. Thus, Saxton sought recovery of $31,200 in unpaid wages, $31,200 in lost wages from the firing, $10,000 in emotional distress damages, and $750,000 in punitive damages. However, according to defense counsel, Saxton did not articulate a specific number being “sought” at the end of trial, but the suggestion was that he was entitled to “millions.”
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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