Category Archives:Employment Law

Jury Awards $169,844 In Unpaid Wages

Obtained a $169,844 jury verdict

Kevin R. Allen represented an employee against a San Jose law firm (Pagano & Kass, PC) for unpaid bonus compensation. The complaint was filed in 2015 and was defended vigorously by the law firm’s principals. Mr. Allen successfully opposed a demurrer, motion to strike, motion to reclassify the case as limited, motion for directed verdict, and prevailed on most of the pretrial motions in limine. A jury was empaneled on August 22, 2016. Mr. Allen acted as lead trial counsel with attorney VJ Chetty as second chair. Following a four day trial the jury returned a special verdict for the full $169,844 in unpaid wages Mr. Allen sought on behalf of his client. Following verdict Defendant filed a series of post trial motions including a motion for new trial and a motion for judgement notwithstanding the verdict. The case involved complex wage and hour issues including the interplay between a contractual referral fee provision, California rules of ethics. At a hearing on December 2, 2016 the Court indicated it would deny the Defendant’s post trial motions and grant Plaintiff’s application for prevailing party fees and costs and interest, totaling in excess of $200,000.