From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Aug. 17 — The California Supreme Court denied Staples Inc.'s request for review of a trial court’s $16.3 million age discrimination award to a physical plant manager fired at age 64 for alleged theft of a bell pepper ( Nickel v. Staples Contract & Commercial, Inc. , 2016 BL 262664, Cal., No. S235680, 8/10/16 ).
The state high court’s Aug. 10 rejection of a petition for review filed by Staples and subsidiary Staples Contract & Commercial Inc. leaves in place an intermediate appeals court’s May ruling that found a jury’s verdict in favor of Bobby Dean Nickel was supported by substantial evidence.
The evidence included statements by Nickel’s manager to other managers that they should “take a closer look at the older people” and “write them up and get rid of them” unless they were top performers, the appeals court said.
Nickel was fired in 2011 for allegedly stealing a bell pepper. According to Nickel, the bell pepper was part of a salad that fell out of a cafeteria refrigerator he was cleaning after hours, and he decided to eat the pepper while throwing out the salad.
The jury originally awarded Nickel more than $26 million in February 2014, but that award was reduced by the trial judge to $16.3 million.
The judge struck the jury’s $9.8 million punitive damages award against Staples Inc., but left in place jury awards of $13 million against Staples Contract & Commercial and $3.3 million in compensatory damages against the parent and subsidiary, jointly, according to the appeals court.
Shegerian & Associates Inc. represented Nickel. Sidley & Austin LLP and Littler Mendelson PC represented the companies.
To contact the reporter on this story: Patrick Dorrian in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
Text of the denial of review is available at http://www.bloomberglaw.com/public/document/Nickel_v_Staples_Contract__Commercial_Inc_No_S235680_2016_BL_2626.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)