The Law Offices of Steven R. Young Announce Jury Award of $8.4 Million Against Baby Trend Inc., for Wrongfully Firing Its Top Salesperson

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Tue Jul 7, 2009 8:37pm EDT

Award Is One of Largest Single Employee "Miscategorization" Verdicts in US
History 
SANTA ANA, Calif.--(Business Wire)--
An Orange County, California jury found that Baby Trend Inc.`s firing of its top
sale person for complaining that Baby Trend was withholding his compensation
violated public policy and awarded damages in excess of $8.4 million, reports
the Law Offices of Steven R. Young. The plaintiff, Robert Gardner, worked for
Baby Trend from 1988 until Baby Trend`s owner, Denny Tsai, fired Gardner on June
30, 2005. Gardner convinced the jury that Baby Trend took wrongful deductions
from Gardner`s commissions, and failed to honor its contract with Gardner. When
Gardner complained that Baby Trend Inc., owed Gardner money, Tsai fired Gardner.

"I feel like I have struck a blow for honesty in the workplace," said Mr.
Gardner. "Employers who cheat on their payroll not only hurt their employees,
but cheat their competitors who pay everything they should." 

Baby Trend asserted that Mr. Gardner was an independent contractor and that Baby
Trend could deduct whatever it wanted from Mr. Gardner`s contract. The four man
/ eight woman jury rejected Baby Trend`s argument unanimously finding that
Gardner was an employee and subject to protections of California`s Labor Code. 

The judgment assessed $6,909,991 jointly against Baby Trend and Denny Tsai, and
another $1,495,917 against Baby Trend. In a further rebuff, the jury found by
clear and convincing evidence that Baby Trend and Denny Tsai acted with malice,
oppression, and fraud. Motions for attorneys fees and costs, and supplemental
penalties could push the judgment to more than $10,000,000. 

Steven R. Young, of Irvine and Mike Procopio of Santa Ana teamed up as counsel
for Gardner. Procopio, a labor attorney, hired Young, a civil justice attorney,
only three weeks before trial. "Very few employees can withstand the war of
attrition Baby Trend embarked on in this case. Rob is a very brave man," said
Young of Mr. Gardner. 

The Law Offices of Steven R. Young specializes in complex civil jury trials. Mr.
Young has conducted more than 150 jury trials, many on a last minute engagement.




Law Offices of Steven R. Young
Steven R. Young, 949-338-4459
Bestlawyer@aol.com

Copyright Business Wire 2009

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