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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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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