Legal Question in Discrimination Law in California

What can be expected?

My wife has successfully filed suit for Discrimination and Harassment. She had been currently working at a very large mortgage lending company. It was approximately 2 years this manager was in charge that she had all Hispanics removed in the department. The HR rep. taking the complaints was asked to resign to lack of action and reporting. The department was completely removed for the division manager and moved to customer service. My wife was told that if she did not find a job out of the department within 3 months, preferably outside the building, she was going to be demoted and her pay would be reflective of that position. My wife went out on medical leave, (Stress that was work related), and than resigned once able to return to work. In this case, we have been able to win every argument prior to our court date, which is schedule for this month. (March 04).

My question is this...If we should win this case, what action can the employer take next to block the ruling or to not pay the demand order?

Is it normal for a large employer to do so?

How long does this process normally take to pay the court order?

If we should lose this case, can I expect the employer to try to reclaim losses that were incurred in the suit?


Asked on 2/29/04, 2:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: What can be expected?

'what action can the employer take next to block the ruling'

--an Appeal that could take years

'or to not pay the demand order?'

--It is up to plaintiff to try to get a writ and try to collect, the court does nothing.

'Is it normal for a large employer to do so?'

--certainly.

'How long does this process normally take to pay the court order?'

--However long it takes plaintiff to try to collect and enforce the judgment over the opposition tactics of the defendant.

'If we should lose this case, can I expect the employer to try to reclaim losses that were incurred in the suit?'

--Of course. You would then likely have a judgment against you for all their attorney fees and costs.

It sounds like you are very unfamiliar with the entire process, which makes me wonder how you expect to put on your case and win against experienced and prepared counsel on the other side. If you have counsel in this, these questions should have been asked and answered a long time ago. If you don't have counsel, you should re-think that. If interested in discussing the facts and fees involved, contact me.

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Answered on 3/03/04, 1:03 pm


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