Top Performer Claims Age Discrimination &Wrongful Termination
/
After finding himself out of a job after a company restructure, a top performer claims he was wrongfully terminated due to age discrimination.
The Case: Kasparian v. Edge Sys.
The Court: California Court of Appeals, Second District, Third Division
The Case No.: B318216
The Plaintiff: Kasparian v. Edge Sys.
The plaintiff in the case, Gregory J. Kasparian, is a former employee of Edge Systems LLC dba The Hydrafacial Company (Hydrafacial). Kasparian, a resident of Georgia with a 2nd home in Pennsylvania, started working with the company in 2012 at the age of 51. After an interview in California, he was hired and held the position of Corporate Account Director (CAD), running the East Coast domestic sales team. Kasparian was a top performer who produced consistently good sales numbers. During his last 18 months with the company, Kasparian sold just under $1 million of “rolling sales” and was encouraged as a top achiever during the last two years of his time with the company, even earning a spot in the coveted “Presidents’ Club,” a revenue based performance award. Hydrafacial terminated Kasparian’s employment in July 2018 due to a corporate realignment. At that time, Kasparian was 57 years old. About five other employees in corporate account sales were let go - all over 40. Kasparian sued his former employer in Los Angeles County Superior Court for age discrimination and related causes of action, and causes of action based on Labor Code violations and breach of contract stemming from Hydrafacial's alleged failure to pay him earned commissions.
The Defendant: Kasparian v. Edge Sys.
The defendant in the case is Edge Sys. (aka Hydrafacial). The company designs, manufactures, promotes, and sells aesthetic products and technology. The company’s corporate office is located in Long Beach, California. While the company maintains various regional sales areas throughout the nation, the only physical locations they maintain are in the state of California. Vice President of Sales Dan Watson was the plaintiff’s supervisor at Hydrafacial from March 2017 until Kasparian’s employment was terminated.
The Case: Kasparian v. Edge Sys.
Before Hydrafacial’s realignment, there were three CADs: Kasparian (age 57), Tracie Wertz (age 53), and Dan Townsley (age 39). Kasparian claims his numbers were higher than both Wertz and Townsley, and he had seniority over both, yet he was the only one of the three that wasn’t offered a new position in the company. Kasparian alleged Hydrafacial failed to pay his full commissions, and terminated him to avoid having to full the obligation. The two parties entered a stipulated judgment in favor of Hydrafacial and against Kasparian that the court signed and filed on November 29, 2021. On appeal, the court found that Kasparian failed to present sufficient evidence demonstrating that his age was a substantial motivator for his termination. The appellate court concluded the trial court properly granted summary adjudication and affirmed the judgment in favor of respondent Edge Systems LLC dba The Hydrafacial Company.
If you have questions about filing a wrongful termination lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced California employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
