Defense Verdict Upheld In Layoff Case
Posted by Kendra D. Miller
Seever v. Copley Press, Inc., (Cal. Ct. App. Aug. 15, 2006)
The Court of Appeal (Second District, Division Seven) upheld a jury verdict in favor of Defendant where Plaintiff Seever contended at trial that the termination of his employment of 18 years was motivated by age, disability, and medical leave discrimination, and Copley defended that Seever’s termination, along with 17 other people, was dictated by business necessity.
The court held substantial evidence supported the jury verdict. In 2001, the Daily Breeze eliminated 18 positions, including Seever’s job as building superintendent. Contrary to a projected loss of $2 million for the year, the company showed a loss of $4.3 million for the year. Uncontradicted evidence was introduced at trial that the Daily Breeze was suffering hard times financially and laid people off for financial reasons. Further, before Seever was laid off, his supervisor had to write a business justification for the layoff recommendation, which included his belief that the department could operate capably without Seever as it had for four months when he had been out on leave.
The trial court made a notable ruling on Seever’s trial subpoena on Copley for every single financial document relating to Copley and its divisions over the preceding five years. On a motion to quash by Copley, the trial court limited the subpoena to the profit and loss statements and balance sheets for the two years prior to Seever’s termination, and any financial documents on which Copley planned to rely at the time of trial. The Court of Appeal said that was not reversible error.