5 Plaintiffs“The layoff affected those over 40 as a group more than would be expected if this process (layoffs) were fair and mutual.” – Randall Strauss attorney Gwilliam, Ivary, Chiosso, Cavalli, & Brewer

Phase II of our trial Andrews v. Lawrence Livermore National Security, LLC (LLNS) and Lawrence Livermore Lab focuses on disproportionate age discrimination claims. This is the second trial for the five plaintiffs, Elaine Andrews, Marian Barraza, Mario Jimenez, Greg Olsen, and James Torrice, who are part of 130 plaintiffs represented by Gwilliam, Ivary, Chiosso, Cavalli & Brewer.

Disproportionate Age Discrimination at Lawrence Livermore Lab

According to attorney Randall Strauss “The lab disproportionately impacted, in this layoff, workers over the age of 40.” To illustrate this point, below are the vital statistics for each of the five laid off plaintiffs in the case.

  • Elaine Andrews:  Age when fired: 61. Years at Lab: 29
  • Marian Barraza: Age when fired: 56. Years at Lab: 38
  • Mario Jimenez:    Age when fired: 52. Years at Lab: 31
  • Greg Olsen:             Age when fired: 58. Years at Lab: 29
  • James Torrice:      Age when fired: 55. Years at Lab: 28

These were all good workers with no performance issues. The layoffs were performed by LLNS in violation of the laws against age discrimination in California.

Lawrence Livermore Lab Ignored Layoff Process

A number of rules and safeguards against just such an age discriminatory layoff were in place. LLNS ignored the proper protocol:

  • Layoff Rules: the rules in place to protect older workers were completely ignored and consequently broken
  • Subjective Decisions: Lab managers were allowed to use their subjective discretion in deciding which workers stayed and which were let go
  • Documentation: important decisions which were to gravely affect hundreds of Lab workers were not properly documented or not documented at all
  • Targeting: older workers were “over selected” for layoffs in violation of California age discrimination laws

Gwilliam, Ivary, Chiosso, Cavalli & Brewer

If you are interested in information regarding this case or if you have questions about legal issues with your employment, please contact attorney J. Gary Gwilliam or attorney Randall E. Strauss of the law firm of Gwilliam, Ivary, Chiosso, Cavalli & Brewer  510-832-5411 ext. 233 or GGwilliam@giccb.com

November 25, 2013 | Employment Law

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