Starting a Religious Discrimination/Harassment Trial - Be My Focus Group (11/5/18 Update: Verdict In!)
Goto page 1, 2  Next
 
Post new topic    LakersGround.net Forum Index -> Off Topic Reply to topic
View previous topic :: View next topic  
Author Message
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Wed Sep 12, 2018 6:39 pm    Post subject: Starting a Religious Discrimination/Harassment Trial - Be My Focus Group (11/5/18 Update: Verdict In!)

I am just starting a trial and about to pick a jury out in San Bernardino. I have talked about this case with a lot of juries and lay people, but, for the heck of it, thought to write about it here too in case anyone had any additional thoughts I hadn't considered.

So, I'm looking for feedback. After reading the below, please address these questions -

1. What was your initial reaction to the story?
2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?
3. What do you do as an occupation? What is your age? What is your educational background?
4. Do you think the Defendant was right to terminate my client?
5. What questions would you have for my client that would help you to decide whether my client was harmed?
6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?
7. What is the number one issues which you think you would want to know that I haven't talked about?
8. What is the most important fact that I have talked about which stood out to you?

------------------------------------------------------------------------------

My client worked for a large medical hospital (that employees around 18,000 people in its various facilities) from September 1997 to May 2007 (when he was temporarily laid off) then from October 2007 (when he was re-hired into a new position) until his termination in mid-2016.

From 1997 to May 2007, my client received a few write ups over the years (for performance), but was overall a satisfactory employee while working in the pharmacy during that time. He was laid off in May 2007 due to reduction in workforce, then re-hired four months later into the medical center's warehouse as an installer and mover (delivering and installing goods at the various campus run by the medical center). He was never written up even one time while working in the warehouse for the Defendant from October 2007 until his termination in March 2016.

My client is Hispanic and had been Catholic his whole life. He even often went to Church with one of his co-worker named Alex. However, in 2011, about four years after he joined the warehouse, he converted to being a Muslim. At all times, my client was the only Muslim in the warehouse. Likewise, despite the fact Defendant employed nearly 18,000 employees at its compound, witness after witness had trouble identifying more than a handful of Muslim employees employed by Defendant.

From 2011 to late 2014, my client alleges that he was harassed primarily by his direct supervisor (Mr. Strode), by Alex (who, a number of witnesses will testify, hated the fact he had converted) and, less so, by Mr. Strode's supervisor and the manager of the warehouse, Mr. Gonzalez.

Mr. Strode was, in general, a racist and bigot. For nearly three years, he would call my client terrorist, sand N*****r, camel f*****er, goat f*****er, rag head and a number of other names. He also referred to all Hispanic employees as Mexicans (regardless of their national origin) and often used the word wetb**k. He also said racist things about Chinese people and said inappropriate things about women. Strode often specifically targeted my client, and often treated him worse than other employees as well. My client, who had disabilities relating to workplace injuries, was also made to do physical work which violated his restrictions because Strode forced him to. Gonzalez was often present at the times Strode made these comments and targeted my client, but would either laugh or smirk and did nothing about it. Once in a while, Gonzalez would jokingly call my client terrorist or towelhead too. From 2011 to late 2014, my client complained to both Strode and Gonzalez about these comments and about being targeted, but nothing changed. All the while, Alex often argued with my client about religion, criticized him for converting and called him similar names (but not nearly as often) as Strode did.

In November 2014, my client suffered a workplace injury. As a result, he was then placed on a temporary work assignment through April 2015 working at the elder care center away from Strode and Gonzalez. He then took the opportunity, no longer as scared about retaliation since he would temporarily work elsewhere, to complain directly to HR about Strode and Gonzalez. In December 2014, multiple interviews were conducted whereby just about every witness verified most of my client's allegations against Strode and also verified that Gonzalez was present, that he ignored my client's complaint and that he did nothing, but didn't verify that Gonzalez made the comments himself. At the time of this investigation, Strode was also only 6 months from a scheduled retirement.

Despite confirming all of the comments in December 2014, it wasn't until March 2015 (or about a month and a half before Strode's scheduled retirement) that Strode was terminated by HR. Gonzalez was not disciplined, but was supposed to be forced to take an anti-bulling class and some harassment seminars (which, ultimately, he never attended). My client's co-workers were supposed to take anti-harassment training, but they never did.

My client returned to the warehouse in April 2015, a month after Strode's termination, without any physical restrictions at the time. However, because nothing had happened to Gonzalez, my client was then directly supervised by Gonzalez. Over the next two weeks, Gonzalez would call my client into his office almost every day to yell at him (as Gonzalez would continue to do for the next year as well)(. As a result, two weeks after his return to the warehouse, my client complained to HR again that he was being retaliated against. HR didn't respond, didn't investigate and basically did nothing with my client's April 2015 complaint of retaliation.

Over the next few months from April 2015 through September 2015, my client claims that Gonzalez continued to retaliate against him. Specifically, as confirmed by a number of witnesses, Gonzalez would often yell at my client, call my client into his office for no reason and give my client the task of moving or installing equipment meant for 2 or 3 employees, yet told to do these physically demanding jobs all by himself alone. Because of being overloaded with such physical work despite being more susceptible to injury, my client then began suffering pain in his neck and back (where his prior injuries had occurred), and reported this pain to Defendant in June 2015.

In September 2015, my client then complained to HR again that Gonzalez was retaliating against him, targeting him (telling him he should quit, asking if he had a green card and telling him to start a landscape company), that Gonzalez was just as bad as Strode and that Gonzalez was purposely overloading him with physical work so to harm him. Once again, HR never looked into the complaint and ignored it.

As a result of being overloaded with work, my client began experiencing more pain and required physical limitations. Per documents, beginning around August 2015 through the end of his employment, my client began seeking physical therapy, acupuncture and was prescribed daily pain medication just to do his job.

In November 2015, as the problems persisted, my client complained to HR again about Gonzalez (repeating much of the same problems of retaliation that continued). Again, this complaint was ignored and nothing was done about it. He then reported his injuries to his direct superviser, Steve (Strode's temporary replacement who had just been hired), about his injury, including that he was feeling extreme pressure from Gonzalez. At this time, the Defendant refused to allow my client time off from work to seek his therapy, so he had to always schedule it after hours. However, per documents, Steve then placed my client on light duty. My client reports that, despite being placed on light duty, Gonzalez continued to overload him with work.

In early December 2015, about three weeks after his latest ignored complaints of retaliation, the San Bernardino terrorist shooting took place mere miles from Defendant's medical center. Soon after this shooting, my client, who had ride shared with Alex and my client's stepson, David (who also worked with my client), had a huge blow up with Alex. Again, Alex often argued with my client regarding his conversion to Muslim and often called my client disparaging names. Apparently, the San Bernardino shooting - a terrorist shooting by two Muslims - was enough to put Alex over the edge. My client and Alex stopped talking or ridesharing altogether at that point as of mid to late December 2015.

About a month and a half later, on February 12, 2015, an anonymous complaint was submitted to Defendant over the phone which stated that my client had made statements and threats in support of the San Bernardino shooting, including that (1) my client was glad the victims died, (2) that if he was there, my client would have killed everyone leaving no survivors, (3) that he was going to knock down the memorial and put an ISIS flag in its place, (4) that he talked about hurting people and killing people on a daily basis, (5) that he often spoke Arabic at work and (6) that he seemed to be getting worse and worse, so that the caller believed he may snap soon and hurt someone. While people have their guesses, no one has been able confirm the identity of the person who actually submitted it.

The San Bernardino Sheriff's Department was called the same day. They spoke to my client, made a police report and, at Defendant's request, escorted my client out of the building. My client told the Sheriff's department that day that he believed he was being targeted for being Muslim and because of his prior complaints. The Sheriff's department found no evidence that he was a threat and decided to close its investigation that same day. My client was then suspended for the next month.

There were about 11 people my client often worked with - two he worked directly with (Dao and David), six he worked with indirectly every day within the warehouse (Mark, Andrew, Alex, Murray, Armando and Maurice), and three he saw about once per week but who weren't in the warehouse (Omar, Mario and James). Out of those 11 people, only 6 were interviewed by HR in late February - Dao, David, Alex, James, Armando and Maurice. Dao, David and James each said told HR that they never heard my client say anything offensive or inappropriate. Armando said that my client sometimes criticized Christianity and seemed angry, but that he did not hear my client ever say anything threatening or about the terrorist attack.

Alex confirmed all of the statements in the anonymous complaint. Per HR's notes, Maurice also confirmed a number of statements in the anonymous complaint.

As part of the investigation, not a single witness was asked if they thought my client was being set up, nor who would want to set him up. Moreover, 5 individuals who worked with my client were never interviewed - Andrew, Omar, Mario, Murray and Mark. Each have testified in this action that they never heard my client say anything offensive or threatening.

Alex was also deposed and testified. At his deposition, in conflict with HR's notes, he only confirmed that he heard my client say that he would have killed all of them and that he was glad he was dead, but stated that he never heard my client threaten anyone and that he was never threatened by my client (nor did he feel threatened by him). Notably, Alex said that James also heard my client make such statements (because, according to Alex, my client often yelled such things freely), but James, and every other employee my client worked with, ultimately denied ever hearing my client saying any such things as alleged by the anonymous complaint.

Maurice also contradicted HR's notes by stating he never heard my client say anything inappropriate or threatening, and didn't ever feel threatened by client. However, Maurice testified that Alex had told him that he had heard my client say some of those things, even if Maurice hadn't heard it himself.

Andrew and David each have testified that four individuals changed once my client converted to Islam - Strode, Gonzalez, Armando and Alex. Both Andrew and David testified that they believed Alex hated that my client had converted, that Alex called him names like "sand N****r" and "towelhead," that they would often fight and that, if they had been asked, they would have told HR that they thought Alex was the one who likely wanted to get my client fired. Notably, per witness testimony, only 1 of the 11 people who my client worked with confirmed that he made any of the alleged statements - Alex himself. Even HR admitted that they thought Alex was the one who submitted the anonymous complaint (based on him being the primary person to confirm the allegations). Not a single person will testify in the case that my client ever actually threatened anyone or that they ever felt threatened by or scared of my client. Rather, all of the 10 witnesses but Alex had nice things to say about my client.

On March 8, 2016, my client submits a handwritten complaint about the allegations against him. In this complaint, among other issues, he talks about how he had been harassed for being muslim, how his complaints of retaliation were ignored, how even the sheriff's department decided he was not a threat, and how he believed that all of allegations against him were just an attempt to get him fired for being muslim. This complaint was ignored and no investigation was undertaken. Again, not a single witness - of those who were actually interviewed - were asked if they thought he was being set up or who would want to set him up. This was also despite the fact that HR knew that Alex and my client had had a huge blow up only a month and a half before the anonymous complaint was submitted.

On March 16, 2016, three months after the San Bernardino shooting and about a month after the anonymous complaint, Defendant fired my client for being an alleged "threat." They claimed that there was evidence to substantiate that he was a terrorist threat and that they couldn't risk the safety of their employees by employing them any longer. At the time of my client's termination, he was physically disabled and had work restrictions, taking pain killers each day just to do anything physical. When he was told he had been fired, witnesses testified that he didn't yell or get angry, but just got sad and tearful, repeating that he knew this would happen and that he had been set up. During the prior month while under suspension, my client also took no action against anyone and never threatened anyone. He just stayed home.

When Defendant's HR made the decision to terminate my client, they had never investigated his three complaints of retaliation from April through November 2015, they were in the midst of denying him accommodations for his disabilities, they never followed up with the Sheriff's department to ask why the Sheriff's department took no further action and closed its investigation and they never asked any witnesses any questions about the points raised by my client's March 8, 2016 complaint. Notably, three of Defendant's safety officers (all former police officers) testified that the Sheriff's findings should be given deference.

My client claims that he was fired because he was muslim, or because Defendant was just looking for a convenient excuse to fire him due to him being muslim, due to him being disabled, his various complaints and/or his requests for work restrictions (or any combination of those variables).

----------------------------------------------------------

The Defendant's defense is that they conducted a thorough investigation (just as they had done against Strode), and found verifying information against my client. Defendant claims they took care of the harassment by Strode just as soon as they found out about it, and that there is no evidence that Gonzalez engaged in the harassment himself. They assert that the fact they fired Strode shows their good faith and their lack of bias.

Defendant further contends that, for the safety of their employees, they could not risk continuing to employ my client and that they did the best they could. They claim anyone in a similar situation would have made the same decision, at worst, erroring on the side of caution by terminating my client to ensure the safety of all the other employees. Defendant's attorney believes that a San Bernardino jury, with a strong memory of the San Bernardino shooting, will agree with Defendant on this point.

Per Gonzalez's testimony (where he denied all of my client's allegations), Defendant denies that my client was ever discriminated against in regards to his disability, deny that he was ever harassed by anyone other than Strode and denies that he was ever retaliated against after Strode was fired.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost


Last edited by LakerSanity on Mon Nov 05, 2018 12:40 pm; edited 1 time in total
Back to top
View user's profile Send private message Reply with quote
Hector the Pup
Retired Number
Retired Number


Joined: 25 Jul 2002
Posts: 35946
Location: L.A.

PostPosted: Wed Sep 12, 2018 7:06 pm    Post subject:

Not that the defense would allow it but I would ask if there were any preconceived notions about anyone involved being Hispanic Muslim or both. Could be general enough to be allowed under the circumstances. Definitely ask about any military service.
Back to top
View user's profile Send private message Reply with quote
governator
Franchise Player
Franchise Player


Joined: 28 Jan 2006
Posts: 24996

PostPosted: Thu Sep 13, 2018 5:41 am    Post subject:

1. What was your initial reaction to the story?
This is the story from one side/victim side

2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?
Ride sharing even though relationship was bad (prior to the blow up)

3. What do you do as an occupation? What is your age? What is your educational background?
ER doc early 40s doctorate

4. Do you think the Defendant was right to terminate my client?
No

5. What questions would you have for my client that would help you to decide whether my client was harmed?
What was the specific medical restrictions and what was violated

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?
Why didn't the company address/properly investigate the complaints in timely manner


7. What is the number one issues which you think you would want to know that I haven't talked about?
Any history of similar discrimination with this company/defendant
Was there similar violation of medical restriction to your client pre-Islam conversion

8. What is the most important fact that I have talked about which stood out to you?
Terminating your client employment due to presumed terror threat without proof
Back to top
View user's profile Send private message Reply with quote
ChefLinda
Moderator
Moderator


Joined: 20 Sep 2006
Posts: 24113
Location: Boston

PostPosted: Thu Sep 13, 2018 6:51 am    Post subject:

1. What was your initial reaction to the story?

Horror and anger that so much obvious racism, abuse and bullying was directed at your client.

2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?

I have a general bias against workplace bullying as I have been targeted in the past. Given the current political atmosphere, racial bullying is especially offensive to me.

3. What do you do as an occupation? What is your age? What is your educational background?

Personal chef (used to work in corporate world), middle-aged, UCLA

4. Do you think the Defendant was right to terminate my client?

Absolutely not. They were waiting for their opportunity to get rid of their "problem." (an employee willing to fight for their rights)

5. What questions would you have for my client that would help you to decide whether my client was harmed?

I think people may ask why he didn't go to HR sooner (I personally understand fear of retaliation), but I think it would give some people pause.

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?

Why did HR ignore his later complaints? Did they follow-up at all?

7. What is the number one issues which you think you would want to know that I haven't talked about?

Why weren't the employees who were ordered to attend various follow-up trainings (bullying, racial sensitivity, diversity) not made to either attend or suffer a consequence? It seems the company didn't take these issues seriously or they would have made attendance mandatory, or they would have had an in-house training, bringing in experts for all employees to attend going forward.

8. What is the most important fact that I have talked about which stood out to you?

The sheer amount of abuse over a long period of time is pretty damning for the company. No one stopped it and not much changed (except firing the one employee). Hostile workplace environment was the norm.
Back to top
View user's profile Send private message Reply with quote
Moses
Star Player
Star Player


Joined: 23 Aug 2008
Posts: 8262
Location: London

PostPosted: Thu Sep 13, 2018 8:52 am    Post subject:

1. What was your initial reaction to the story?
Anger. At best it appears to be negligent by the company, at worst it's just outright racial discrimination.

2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?
I guess so, I'm a minority myself (albeit not muslim), and have seen how people react towards other ethnic groups in the workplace sometimes.

3. What do you do as an occupation? What is your age? What is your educational background?
Head of Compliance for a global company, 34 years old, hold a bachelor's degree.

4. Do you think the Defendant was right to terminate my client?
Based on what was read, no.

5. What questions would you have for my client that would help you to decide whether my client was harmed?
More info about being overloaded after the supervisor put him on light duty. Information gathering about relationships with Strode, Alex, Gonzalez...

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?
Why didn't he press HR for action when there were clear signs of negligence? (e.g. non attendance to diversity training, countermanded instructions with regard to light duty, contradicting info given to HR by other employees), why did he stay in the company for so long? Why not just leave. Can he think of any reason other than race why they might have a problem with him?

7. What is the number one issues which you think you would want to know that I haven't talked about?
Why did employees get away with non attendance to diversity training?

8. What is the most important fact that I have talked about which stood out to you?
How long it went on for, and how on earth he got dismissed based on that excuse.
_________________
Lakers, Chargers, Dodgers, Arsenal FC.

Mamba Forever
The Marathon Continues
Still I Rise
Back to top
View user's profile Send private message Reply with quote
Dr. Laker
Franchise Player
Franchise Player


Joined: 12 Apr 2002
Posts: 17065

PostPosted: Thu Sep 13, 2018 12:24 pm    Post subject: Re: About to Start a Religious Discrimination/Harassment Trial - Be My Focus Group

1. What was your initial reaction to the story?

THEY SET HIM UP, USED THE SB SHOOTING AS AN EXCUSE TO FEIGN FEAR

2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?

FOR - I WORKED IN SB COUNTY FROM 2004-2009 AND PROBABLY KNOW THE MEDICAL FACILITY. I CERTAINLY KNOW THE ATTITUDE OF MANY IN SAN BERNARDINO COUNTY, WHERE THE "OBAMA DOLLARS" FIASCO STARTED.

3. What do you do as an occupation? What is your age? What is your educational background?

METHODIST PASTOR, 55, MASTER DEGREE

4. Do you think the Defendant was right to terminate my client?

NO

5. What questions would you have for my client that would help you to decide whether my client was harmed?

WHAT WAS YOUR ATTITUDE ABOUT GOING TO WORK AFTER THE HARASSMENT AND DID YOU SHARE YOUR EXPERIENCE WITH ANYONE IN YOUR FAITH COMMUNITY.

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?

HOW MANY HAVE BEEN FIRED BASED ON ANONYMOUS TIPS IN THE PAST 10 YEARS? WHAT EFFORTS WERE MADE TO DISCOVER THE TIPSTER?

7. What is the number one issues which you think you would want to know that I haven't talked about?

HOW MANY MUSLIMS WORK THERE?

8. What is the most important fact that I have talked about which stood out to you?

THE HARASSMENT FROM RIDESHARE BUDDY AND SUPERVISOR.

------------------------------------------------------------------------------
_________________
On Lakersground, a concern troll is someone who is a fan of another team, but pretends to be a Lakers fan with "concerns".
Back to top
View user's profile Send private message Reply with quote
ocho
Retired Number
Retired Number


Joined: 24 May 2005
Posts: 53714

PostPosted: Thu Sep 13, 2018 12:56 pm    Post subject:

Quote:
1. What was your initial reaction to the story?


This is why people shouldn't discuss religion or politics at work. Oh and the next story I hear of HR being effective will be the first.

Quote:
2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?


Yes. I worked for a company that I believe made up fake complaints about me in an effort to build an excuse for terminating me. Specifically "mistakes" I made that I could verify weren't made. I was swiftly laid off, and weeks later, so was my entire department. I didn't want to work there anymore so I didn't care that much. It was better for me in the long run. I've yet to have a single complaint at any other job I've ever had.

I have also witnessed workplace situations that included long term, ongoing harassment that involved a powerful supervisor that went ignored for years. I wasn't directly involved in any of them, but the behavior was known by everyone who worked there and was often discussed. HR was notified on several occasions and did nothing.

Quote:
3. What do you do as an occupation? What is your age? What is your educational background?


34 year old Picture Editor for Television with a Bachelor's degree.

Quote:
4. Do you think the Defendant was right to terminate my client?


Based on what I just read..no.

Quote:
5. What questions would you have for my client that would help you to decide whether my client was harmed?


I'd want to know more about the specifics of the work he was asked to do that crossed the line and whether anyone else was ever asked to do similar work.

Quote:
6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?


It sounds like the anti-muslim slurs were corroborated by others as coming from Alex and Strode, but I'm curious if anyone ever heard Gonzalez make similar remarks. It sounds like nobody did, though.

Quote:
7. What is the number one issues which you think you would want to know that I haven't talked about?


HR's rationale for not pursuing multiple complaints of a similar nature.
Quote:
8. What is the most important fact that I have talked about which stood out to you?


It sounds like your client has more than enough going for him to have a real claim.
_________________
14-5-3-12
Back to top
View user's profile Send private message Reply with quote
jodeke
Retired Number
Retired Number


Joined: 17 Nov 2007
Posts: 67314
Location: In a world where admitting to not knowing something is considered a great way to learn.

PostPosted: Thu Sep 13, 2018 2:38 pm    Post subject:

Quote:
1. What was your initial reaction to the story?


SMH because the racism seemed to blatant.

Quote:
2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?


No prejudices. Biased in favor of your client.

Quote:
3. What do you do as an occupation? What is your age? What is your educational background?


Retired Insurance and Real Estate agent. Some college. Social studies major.

Quote:
4. Do you think the Defendant was right to terminate my client
?

No

Quote:
5. What questions would you have for my client that would help you to decide whether my client was harmed?


1) Does he still have a relationship with any in the statement? If so do they think he was harmed?
2) Does he have proof he was given assignments that were opposed to light duty?
Quote:

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?


1) Does have have any depositions from HR about his reports?
Quote:

7. What is the number one issues which you think you would want to know that I haven't talked about?


1) Does he feel permanently damaged? Is he able to work?
2) Does he hold any animosity for the company or instigators? If so which?


Quote:
8. What is the most important fact that I have talked about which stood out to you?


HR disregarding the complaint.
_________________
Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.

America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.
Back to top
View user's profile Send private message Reply with quote
yinoma2001
Retired Number
Retired Number


Joined: 19 Jun 2010
Posts: 119487

PostPosted: Thu Sep 13, 2018 2:47 pm    Post subject:

LS as someone who used to employment litigation and now am in HR/in house let me think about this and get back to you more thoughtfully. My work network blocked this particular post as “adult material.”
_________________
From 2-10 to the Western Conference Finals
Back to top
View user's profile Send private message Reply with quote
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Thu Sep 13, 2018 2:58 pm    Post subject:

^Thanks, man. I'm facing a conservative jury, so, while under normal circumstances I would feel more confident, any devils advocate response helps a lot too.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost
Back to top
View user's profile Send private message Reply with quote
jodeke
Retired Number
Retired Number


Joined: 17 Nov 2007
Posts: 67314
Location: In a world where admitting to not knowing something is considered a great way to learn.

PostPosted: Thu Sep 13, 2018 4:37 pm    Post subject:

Hire Dr Bull. Does your firm use Jury consultant firms?
_________________
Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.

America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.
Back to top
View user's profile Send private message Reply with quote
The Thief
Starting Rotation
Starting Rotation


Joined: 24 Jun 2005
Posts: 735

PostPosted: Fri Sep 14, 2018 8:15 am    Post subject:

1. What was your initial reaction to the story?
Shocked that this could have been handled this poorly by an HR department.
2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?
none
3. What do you do as an occupation? What is your age? What is your educational background?
IT/44/College Degree
4. Do you think the Defendant was right to terminate my client?
No
5. What questions would you have for my client that would help you to decide whether my client was harmed?
Seems like you have the covered with the witness testimony
6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?
I would like to see how they determined your client was a threat and who was interviewed during that process.
7. What is the number one issues which you think you would want to know that I haven't talked about?
Same as answer 6
8. What is the most important fact that I have talked about which stood out to you?
The fact that you have witness testimony supporting the foul treatment by his management.

Hope you are able to get justice. Seems pretty piss poor behavior and handling by the entire company.
Back to top
View user's profile Send private message Reply with quote
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Tue Sep 18, 2018 8:08 am    Post subject:

Thanks all for replying. If any others want to share their thoughts, it would still be very much appreciated. Right now I am in day three of jury selection. Normally in these individual plaintiff cases, it only takes a day and a half. However, the facts of this case lend its itself to some strong and biased opinions by the potential jurors. We have had to kick out about a dozen so far and may go through around 100 potential jurors when all is said and done.

The good news though is that as many disturbing responses that we have read or heard, there have actually been as much or more positive responses. Doesn't mean we will win this case, but at least nice to know that a lot of people are capable of being at least neutral.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost
Back to top
View user's profile Send private message Reply with quote
Aeneas Hunter
Retired Number
Retired Number


Joined: 12 Jul 2005
Posts: 31763

PostPosted: Tue Sep 18, 2018 3:48 pm    Post subject:

I didn’t reply because you won’t have any of your peers on the jury. I assume that you plan to slam them with a Rules of the Road attack on the HR response. Anyway, I found the responses enlightening. My own reaction is essentially the same as CL’s, except for the part about being a chef.

Go get ‘em. I have a Muslim discrimination case in the works involving a well known restaurant. I’ll be interested to hear how this ends up.
Back to top
View user's profile Send private message Reply with quote
Surfitall
Star Player
Star Player


Joined: 12 Feb 2002
Posts: 3829
Location: South Orange County

PostPosted: Tue Sep 18, 2018 4:17 pm    Post subject:

1. What was your initial reaction to the story?
Right now I’m hearing only one side, but that one side is pretty damning.

2. Did any prejudices or biases arise in you after reading the story for or against my client? If so, what?
Yes, I’m concerned about why he was ever written up for poor performance.

3. What do you do as an occupation? What is your age? What is your educational background?

Late 40’s, Executive for a software company, Bachelors degree.

4. Do you think the Defendant was right to terminate my client?

Based on this one sided view of the case, no. But is there another side?

5. What questions would you have for my client that would help you to decide whether my client was harmed?

Why were you discussing religion at all in the workplace? Is your client overly sensitive? I had an employee that was overly sensitive to innocent comments from her coworkers, and her sensitivit6 led to lots of workplace drama.

6. What questions would you have for the Defendant that would help you to decide whether they did the right thing?

Are there witnesses to Mr. Gonzalez yelling at him every day? Was it actually yelling, or was it just interpreted as yelling by your client.

7. What is the number one issues which you think you would want to know that I haven't talked about?

Why didn’t HR investigate this? What was their logic? (I’m assuming it was not simply out of laziness.

8. What is the most important fact that I have talked about which stood out to you?

That HR neglected to take action.
Back to top
View user's profile Send private message Reply with quote
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Mon Nov 05, 2018 10:36 am    Post subject:

Jury just awarded my client $3.3 million. I'm shocked. Never expected this in San Bernardino. We will file a motion for costs and attorneys' fees too. After that, Defendant will appeal.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost
Back to top
View user's profile Send private message Reply with quote
ocho
Retired Number
Retired Number


Joined: 24 May 2005
Posts: 53714

PostPosted: Mon Nov 05, 2018 10:49 am    Post subject:

Congrats LS!
_________________
14-5-3-12
Back to top
View user's profile Send private message Reply with quote
Laker_Town
Retired Number
Retired Number


Joined: 26 Jun 2006
Posts: 25604

PostPosted: Mon Nov 05, 2018 12:22 pm    Post subject:

Congrats. I started to write my responses not having seen the date of the OP.

Back to top
View user's profile Send private message Reply with quote
JerryMagicKobe
Moderator
Moderator


Joined: 28 Jul 2005
Posts: 15100

PostPosted: Mon Nov 05, 2018 12:36 pm    Post subject:

Noice!
Back to top
View user's profile Send private message Reply with quote
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Mon Nov 05, 2018 12:41 pm    Post subject:

Thanks! Really happy. Totally exceeded my expectations. Just glad to win, which was a huge deal in itself... no less with that kind of verdict.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost
Back to top
View user's profile Send private message Reply with quote
The Thief
Starting Rotation
Starting Rotation


Joined: 24 Jun 2005
Posts: 735

PostPosted: Mon Nov 05, 2018 12:46 pm    Post subject:

Congratulations
Back to top
View user's profile Send private message Reply with quote
DaMuleRules
Retired Number
Retired Number


Joined: 10 Dec 2006
Posts: 52624
Location: Making a safety stop at 15 feet.

PostPosted: Mon Nov 05, 2018 12:54 pm    Post subject:

ocho wrote:
Congrats LS!


Yep!


_________________
You thought God was an architect, now you know
He’s something like a pipe bomb ready to blow
And everything you built that’s all for show
goes up in flames
In 24 frames


Jason Isbell

Man, do those lyrics resonate right now
Back to top
View user's profile Send private message Reply with quote
Aeneas Hunter
Retired Number
Retired Number


Joined: 12 Jul 2005
Posts: 31763

PostPosted: Mon Nov 05, 2018 1:49 pm    Post subject:

Fight the power.
Back to top
View user's profile Send private message Reply with quote
Ujah's Goat
Star Player
Star Player


Joined: 01 Jun 2016
Posts: 1417
Location: Babylon

PostPosted: Mon Nov 05, 2018 5:02 pm    Post subject:

NOICE !!
Back to top
View user's profile Send private message Reply with quote
LakerSanity
Moderator
Moderator


Joined: 30 Nov 2006
Posts: 33474
Location: Long Beach, California

PostPosted: Wed Nov 07, 2018 9:08 pm    Post subject:

https://www.sbsun.com/2018/11/07/fired-muslim-awarded-3-2-million-in-discrimination-suit-against-loma-linda-university-medical-center/?fbclid=IwAR3NxcVDRmWDuWjucq71Pz1NmqnixKL0-jHF5svZRp2BjsjGkwiDAvXRVew

My verdict made the news... I was out today, so they got a quote from my partner.
_________________
LakersGround's Terms of Service

Twitter: @DeleteThisPost
Back to top
View user's profile Send private message Reply with quote
Display posts from previous:   
Post new topic    LakersGround.net Forum Index -> Off Topic All times are GMT - 8 Hours
Goto page 1, 2  Next
Page 1 of 2
Jump to:  

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum






Graphics by uberzev
© 1995-2018 LakersGround.net. All Rights Reserved. Privacy Policy. Terms of Use.
LakersGround is an unofficial news source serving the fan community since 1995.
We are in no way associated with the Los Angeles Lakers or the National Basketball Association.


Powered by phpBB