Failure to Pay Wages Archives

FOR IMMEDIATE RELEASE

Former North American Sales Director Sues Epicor Software Corporation: Suit Highlights Age Discrimination, Failure to Prevent Discrimination, Wrongful Termination, Unfair Competition and Failure to Pay Wages.

EL SEGUNDO, CA (September 18, 2015)— Franklin Tedford (“Ted”) Kelley, Jr., a 57 year old male, recently filed suit in Los Angeles Superior Court against Epicor Software Corporation. The suit accuses the defendant of age discrimination, failure to prevent discrimination, wrongful termination, unfair competition and failure to pay wages.

According to the Complaint, Ted’s performance placed him in “the company’s elite “Circle of Excellence.” The Complaint goes on to allege that under the guise of a “company reorganization”, the company had “campaign to isolate Ted from the same accounts he had brilliantly managed….in an attempt to for Ted – an older, highly paid, long-term employee – to resign.” When Ted refused to resign, the Complaint alleges that the Company “cancel[ed] his recurring commissions….and raised Ted’s 2015 quota to…more than three times his 2014 quota…and, thereafter, again raised Ted’s 2015 quota”. According to the Complaint, following these and other actions alleged in the Complaint, the Company terminated Ted as “North American sales director” due to alleged “position elimination”.

“The notion that a hugely successful software company has suddenly decided that it will no longer need a ‘North American sales director’ is certainly interesting. Taking them at their word, it seems that the Company will no longer be selling its software in North America. We’re eager to commence discovery to discover, among other things, whether facts support that as being true or it is just a pretext.” says Chris Adishian

The lawsuit seeks damages for lost wages, benefits and career opportunities, special damages, punitive damages, and attorneys’ fees and costs. Epicor has removed the case to the United States District Court, Central District of California in Los Angeles. Click here for a copy of the Complaint.

About Adishian Law Group, P.C.

Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

FOR IMMEDIATE RELEASE

Former NFL player Eric Sutton sues Wal-Mart Stores, Inc.: Suit Highlights Racial and Age Discrimination, Harassment, Wrongful Termination, and Failure to Pay Wages at world’s largest retailer and world’s largest employer

EL SEGUNDO, CA (November 12, 2014)– Eric Sutton, an over 40, African-American, filed suit this month in Los Angeles Superior Court against Wal-Mart Stores, Inc., the world’s largest retailer and the world’s largest employer. Eric, a former professional football player, played in the NFL for the Washington Redskins, Philadelphia Eagles and Oakland Raiders and the CFL for the Saskatchewan Roughriders and the Calgary Stampeders.

According the suit, prior to his termination, Eric was employed as an Asset Protection Manager at Wal-Mart and earned great reviews. Eric was one of only 5 or 6 African Americans holding the title of Asset Protection Manager out of approximately 100 such positions in his region. He was also one of the oldest. Eric had interviewed to move from Asset Protection to a Shift Manager position. When they discovered his intention to move outside of Asset Protection to the Store Management track, his white supervisors “questioned him as to why he had …applied for the position of Shift Manager.”

The Complaint goes on to allege that on September 30, 2014, a shoplifting suspect attempting to flee the store pushed one of Eric’s security team members, started a brawl and proceeded to make threats against Wal-Mart employees, including “physically attacking the guards and biting one of them.” Eric “called the South Gate Police Department and advised his three security team members to disengage”, but the shoplifter continued to fight until “the arrival of the South Gate Police Department Officers.”

As alleged, an all-white management team conducted a purported “investigation.” The suit goes on to allege that during this purported “investigation” one of the white managers “demanded that her subordinates…alter their statements to falsely state that Plaintiff did NOT tell his team to disengage.” Wal-Mart fired Eric with none of the standard progressive discipline – despite a history of positive performance reviews — replaced him with a “younger, white individual” and further violated California Labor Law by failing to pay Eric all amounts due to him on the date of his termination.

“Eric was a model employee, and apparently even truthfully testified for Wal-Mart, Inc. in some of its union related matters. It appears that this Wal-Mart store is out of control, and the stated reason for Eric’s termination is just a pretext. We’re eager to commence formal discovery,” states Chris Adishian, attorney at Adishian Law Group.

The lawsuit, filed in Los Angeles Superior Court, alleges discrimination, harassment, wrongful termination, and failure to pay wages and seeks damages for lost wages, benefits and career opportunities, emotional distress, special damages, punitive damages, and attorneys’ fees and costs. Wal-Mart has since removed the case to the United States Federal District Court, Central District of California in Los Angeles. Click here for a copy of the Complaint.

About Adishian Law Group, P.C.

Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of June 2014, the firm has represented corporate and individual clients located across 20 California counties, 7 States outside of California and 9 foreign countries in over 380 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian: