Case 2:15-cv AB-AJW Document 18-2 Filed 09/08/15 Page 1 of 18 Page ID #:151 EXHIBIT 1

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1 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge 1 of 18 Pge ID #:1 EXHIBIT 1

2 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: Crney R. Shegerin, Esq., Stte Br No. 01 C Shegerin(äl Sliegerinlw. corn SHEGERIA & ASSOCIATES, INC. Snt Monic Boulevrd, Suite 00 Snt Monic, Cliforni 001 Telephone Number: () Fcsimile Number: () Attorneys for Pltiff, PAUL ALLEN WEXLER CONFORMED COPY ORIGfNAL flled Superior Court of Clitorni County of Los Anoeles APR 0 Z0 Sherri R, Crter, Executive Officer/Clerk By Shuny Bolden, Deputy 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT II PAUL ALLEN WEXLER, vs. JENSEN PHARMACEUTICALS, INC., JOHNSON & JOHNSON, INC., JOHNSON & JOHNSON SERVICES, INC., JASON PLUMLEY, nd DOES 1 to 0, clusive, Pltiff, Defendnts. Cse No.: 8C PLAINTIFF PAUL ALLEN WEXLER S COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF AGE IN VIOLATION OF FEHA; () HARASSMENT ON THE BASIS OF AGE IN VIOALTION OF FEHA; () BREACH OF EXPRESS ORAL CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE; () BREACH OF IMPLIED-IN-FACT CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE; () WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY (ON THE BASIS OF FEHA); () INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS DEMAND FOR JURY TRIAL 8

3 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: Pltiff, Pul Allen Wexier, lleges, bsed on personl knowledge nd/or formtion nd belief: SUMMARY 8 This is n ction by Pltiff Pul Allen Wexier ( Pltiff or Wexler ), who ws wrongfully termted from his employment with Defendnt Jensen Phrmceuticls, Inc. ( Jenssen ), Defendnt Johnson & Johnson Services, Inc. ( J&J Services ) nd Defendnt Johnson & Johnson, Inc. ( J&J ), known collectively s ( Defendnts ). Pltiff brgs this ction gst defendnt(s) for economic, non-economic, compenstory nd punitive dmges, pursunt to Civil Code Section, prejudgment terest pursunt to Code of Civil Procedure Section 1, costs, nd resonble ttorneys fees pursunt to Government Code Section (b) nd Code of Civil Procedure Section PARTIES 1. Pltiff. Wexier, is, nd t ll times mentioned this Complt ws, resident of Los Angeles County, Cliforni. Wexler is lso sometimes herefter referred to s pltiff.. Defendnt. Defendnt Jensen, Defendnt J&J Services nd Defendnt J&J is, nd t ll times mentioned this Complt ws, uthorized to operte by the Stte of Cliforni nd the United Sttes government nd uthorized nd qulified to do busess the County of Los Angeles. Defendnts plce of busess, where the followg cuses of ction took plce, ws nd is the County of Los Angeles. Defendnt Json Plumley ( Defendnt or Plumley ) is nd t ll times mentioned this Complt supervisor with Defendnts. Defendnt Plumley is nd t ll times mentioned this Complt resident of Los Angeles, Cliforni.. Doe Defendnts: Defendnts Does 1 through 0 re sued under fictitious nmes pursunt to Code of Civil Procedure section. Pltiff is formed nd believes, nd --

4 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: I $ 1 18 on tht bsis lleges, tht ech of the defendnts sued under fictitious nmes is some mimer responsible for the wrongs nd dmges lleged below, so ctg ws functiong s the gent, servnt, prtner, nd employee of ll co-defendnts, nd tkg the ctions mentioned below ws ctg with the course nd scope of his or her uthority s such gent, servnt, prtner, nd employee, with the permission nd consent of the co defendnts. Reltionship of Defendnts:. All Defendnts compelled, coerced, ided, nd/or betted the discrimtion, retlition nd hrssment lleged throughout, which is prohibited under Cliforni Government Code section 0(i). Ech Defendnt ws responsible for the events nd dmges lleged here, cludg, without limittion, on the followg bses: () Committg the cts lleged; (b) At ll relevnt times, one or more of the Defendnt(s) ws the gent or employee, nd/or cted under the control or supervision of, one or more of the remg Defendnts, nd dog the cts lleged, cted with the course nd scope of such gency nd employment, nd/or otherwise lible for Pltiffs dmges; (c) At ll relevnt times there existed, unity of ownership nd terest between two or more of the Defendnts, such tht ny dividulity nd seprteness between sid Defendnts hs cesed, nd Defendnts re the lter ego(s) of one nother. The Defendnts exercised domtion nd control over one nother, to such n extent tht 0 ny dividulity or seprteness of Defendnts does not, nd t ll times here mentioned did not, exist. Adherence to the fction of seprte existence of the Defendnts would permit buse of the corporte privilege nd would snction frud nd promote justice. All ctions of ll Defendnts were tken by employees, supervisors, executives, officers nd directors durg employment with ll Defendnts, on behlf of ll Defendnts, nd so engged, uthorized, rtified nd pproved of the conduct of ll other Defendnts.. Defendnts Jnssen, J&J Services, nd J&J ll directly nd directly employed 8 pltiff Wexler, s defed under the Fir Employment nd Housg Act ( FEHA ) t -..

5 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: 1 Government Code section (d).. In ddition, defendnts Jnssen, J&J Services, nd J&J compelled, coerced, ided, nd betted the discrimtion, which Code section. 0(1). flly, t gents of ll other defendnts $. ll relevnt times mentioned here, is prohibited under Cliforni Government ll committg the cts lleged here. FACTS COMMON TO ALL CAUSES OF ACTION defendnts cted Pltiffs hirg. Pltiff Wexler ws employed by Defendnts Jnssen, J&J Services, nd J&J for over his tenure, Wexier ws supervisor ws Jmes Plumley Pltiffs job performnce. At pltiff performed his job duties yers, from Mrch 00 through August, s 0. Durg Professionl Phrmceuticl Sles Representtive. His direct n ll times through pltiffs employment, exemplry mnner, s evidenced by Pltiffs consistent, positive performnce reviews, nnul bse slry creses (cludg Mrch 0), discretionry bonuses, issunce of Compny stock shres nnully, commissions rngg from $,000-$0,000 per yer, prticiption the long-term centive compenstion pln, vluble gifts, ll-expense trips nd numerous ccoldes, nd numerous plques nd trophies. highest honor wrded to.. For his sles 0 Phrmceuticl Sles Representtive t Pltiffs Protected Sttus. Pltiff is 1 nd 0, Wexler received the yer old mle. the Compny. Defendnt s Adverse Employment Actions. Json Plumley becme the District Mnger for the Long Bech District. $ the Summer of 0. Durg one of the first ride-longs tht Wexier hd with Plumley supervisor, Plumley dicted his bis gst older sles representtives nd thretengly told Pltiff himself tht, the hrdest representtives to chnge older ones nd tht older workers re the hrdest to tr, they re too wys. Pltiff felt uncomfortble nd tht Plumley ws directg this comment s re set t his the their him --

6 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: I tht if he did not do s Plumley sked he would be trgeted nd termted, s he ws one of the oldest sles representtives.. In 0, new drug ws troduced by Defendnts clled Invokn. Wexier ws one of three representtives the Los Angeles territory t the time, nd ws the only representtive over 0. When one of the representtives resigned, Plumley replced them with Edurdo Chng, who lso ws significntly younger thn Wexier nd under 0, to service the Los Angeles territory.. Despite Wexier s seniority, nd proven success buildg reltionships throughout the Los Angeles territory, Plumley ressigned ll but three of Wexier s physicins Chtown nd pproximtely thirty percent of physicins Koretown to Chng. In ddition, the physicins Plumley left Wexier with were lrgely physicins who treted mostly Medi-Cl/Medicre Prt D ptients, which ws significnt becuse Medi Cl/Medicre Prt B did not itilly cover Invokn. Also, the other prevlent surnce plns tht ptients treted his territory either did not cover or provided low reimbursements for Invokn which dissuded physicins ssigned to him from prescribg it. Moreover, even though Wexier hd submitted severl well-regrded promotionl spekers to consult with the representtives his territory, none were pproved by Plumley, wheres they were pproved for the other younger sles representtives.. In summer 0, right fter the second qurter Invokn lunch, Wexier w issued his first ever Corrective Action pln of his creer for low Invokn sles, However, the CAV ws not even n ccurte reportg of Invokn prescriptions becus the report did not cpture prescriptions written by severl physicins, for exmple, by Dr, Mtsumoto, whose prescriptions of Invokn to ptients did not show up the report system until months lter, for which Wexier ws unfirly held ccountble. Hd Plumle cluded the prescriptions from physicins tht were not yet cptured the reportg which Wexler formed him bout, his numbers would hve been similr to other sle: 8 --

7 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: I representtives itil Invokn sles. Even fter the dditionl prescriptions were showr. the reportg system, Plumley did not revoke the CAV issued to Wexier. Wexier fished the fourth qurter of 0 representtives sles for Xrelto nd Invokn ntionwide -- the top 0% of higher thn Chng only other representtive servicg the Los Angeles territory for the third nd fourti sles -- th $ qurter of 0. However, durg the first qurter of 0, Wexler ws shocked to len tht his rnkg which he expected to be mong the top two ntionwide nd four Region, ws reduced towrds the bottom, becuse he ws never told by Plumley tht th of the fourth qurter of 0, he ws now required to sell non-retil, non-phrmceuticl sles to long term cre fcilities, which hd never been prt of his territory responsibilities. In ddition, Plumley ws tkg ccounts wy from Wexler, mkg even more difficult for him to generte sles, especilly becuse his quot ws thn Chng s $ oi I highe] Also t the end of 0, Wexier subsequently lerned tht his Crdiolog counterprt sles representtive nomted him t the end of 0 for Johnson Johnson Encore Awrd for effective collbortion with other sles representtives Compny. The Crdiology representtive told Wexler tht Plumley formed her tht would not llow Wexier to receive the wrd becuse he ws just performg his jot duties. 0. In the begng of Mrch 0, Wexler s received However, immeditely fter this on Mrch, for the first time, formed Wexler tht he hd given him Improvement Pln (PIP), effective, Mrch, th rise on his bse slry. 0, Plumley met with Wexler lone, nd & h 0-dy Performnce 0, four dys before the PIP ws even issued to Wexler for not meetg his performnce quot for sles. Additionlly, the PIP $ stted tht he my utilize the compny s confidentil Employee Assistnce Progrm ( EAP ) by cllg , highly unusul sttement to plce ny written counselg, yet nother sign of geist bis, strongly suggestg tht Plumley regrded Wexier s beg disbled or unble to cope or mnge his work duties. Moreover, --

8 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge 8 of 18 Pge ID #:8 1 despite Wexier s exemplry twelve yer sles record with the Compny, the PIP concludes with, Pul, our gol is to hve you perform competently s professionl sles representtive. 18. The PIP required Wexier to hve bi-weekly phone-clls with Plumley nd requisite ride-longs with the Regionl District Mnger nd trer.. After Wexler received his PIP, Plumley would not even perform ride-longs to ssess Wexler s performnce. For exmple, he would require Wexler to drive him to nd $ from deposition downtown durg ride-long to testify bout n ccident he hd the Compny cr t work when he hit pedestrin. Even more ppllg, ws tht Plumley would require Wexler to tke him to specil plce Chtown so tht he cn purchse specil jet blck hir dye dictg tht he wnted to sty young. 0. After the ride-longs with Plumley, mny of the physicins the Los Angeles territory Wexler clled upon, sked Wexler not to brg Plumley to their offices nymore becuse they found him to be phony nd ggressive.. Further, despite beg told both the PIP nd by Plumley, tht Wexier would 1 be contcted to perform field ride with Field Trer Noelle Abr, April or My 0, no such ride ever occurred. In fct, Wexler hd been on field rides with Ms. Abr 18 the pst durg nnul checks nd she never hd reported to Wexier ny performnce issues. Also notble is tht Ted Strk, the Los Angeles District Mnger, who is lso 0 younger thn Wexler nd believed to be younger thn 0, ccompnied Wexler for full dy or bout April or My 0, nd communicted nothg to him the entire dy bout his performnce, nor did he engge with ny of the physicins with whom they met.. Plumley lso engged other ctions tht demonstrted to the rest of the Long Bech representtives tht he ws out to tennte him becuse he ws older. For exmple, when ll the sles representtives were on conference cll durg his PIP, Chng sked Wexler to spek on closg strtegies. After Wexler spoke to the group, 8 Plumley belittled Wexler so hrshly pperg to ttck him, syg no, you would

9 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: I $ never do tht nd you should lredy know your customers tht mny of the representtives contcted him fterwrds to tell him tht Plumley s conduct ws unclled for, unjustified nd tht they pprecited his comments.. Additionlly, Plumley breched confidentility by tellg severl employees bout Wexler s PIP to Wexler despite it beg confidentil, personnel mtter.. On My, 0, lmost two weeks before the PIP completion dte of June, 0, Plumely gve Wexier fl Notice despite the qurter not beg over. Wexier ws ttendg three-dy busess meetg for District mngement My with Plumley. Yet, it ws not until Wexier ws checkg-out of the hotel, Plumley hnded him openly the middle of Strbucks, wht he reclled ws short, one pge document II tht sid nothg more thn his sles of Invokn were still below Compny stndrds 1 nd tht his employment my be termted t ny time. Wexier ws given no further guidnce or explntion, nor did Plumley do nythg to tr or form him of wht ws required to meet these so-clled Compny stndrds.. followg receipt of the fl Notice, Plumley hired two new contrct sles representtives, both of whom were younger thn 0, with little experience the dustry. Wexier troduced them to his top clients, not knowg tht Plumley tended 18 to termte him nd replce him with these younger, less-experienced contrct representtives. Approximtely two months went by nd Wexier ws not counseled, 0 criticized or told t ny time tht his performnce ws unstisfctory ny regrd. In fct, Wexler s Invokn sles were cresg stedily. Wexier met or surpssed ll of the Invokn sles gols set by Plumley the lst - weeks of his employment.. Defendnt s Termtion of Pltiff. On August, 0, less thn few months from his stock options vestg, Pltiffs employment with Defendnts ws termted. A security officer ws structed to drive Wexler home tht dy. Wexier hd to clen out the Compny cr, hnd over the Compny computer nd IPd outside of his home nd then retrieve the prter tht ws his home. Pltiff believes nd lleges 8 tht defendnt s true resons for termtg his employment were his ge nd/or good -

10 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:10 1 fith complts.. Economic dmges. As consequence of defendnt s conduct, pltiff hs suffered nd will suffered hrm, cludg, without limittion, lost pst nd future come nd employment benefits, nd dmge to creer, nd wges, overtime, unpid $ 1 1$ expenses, nd penlties, s well s terest on unpid wges t the legl rte from nd fter ech pydy tht those wges should hve been pid, sum to be proven t tril. 8. Non-Economic dmges. As consequence of defendnt s conduct, pltiff hs suffered nd will suffer psychologicl nd emotionl distress, humilition, nd mentl nd physicl p nd nguish, sum to be proven t tril.. Punitive dmges. Defendnt s conduct constitutes oppression, frud or mlice under Cliforni Civil Code Section, so s to entitle pltiff to n wrd of exemplry/punitive dmges.. Mlice. Defendnt s conduct ws done with mlice with the meng of Cliforni Civil Code Section, cludg tht () defendnt cted with tent to cuse jury to pltiff, nd/or cted with reckless disregrd towrd pltiffs jury, cludg by termtg nd/or tkg other dverse job ction gst pltiff bsed on pltiffs ge, nd/or good fith complts; nd/or (b) defendnt s conduct ws despicble, with willful nd conscious disregrd of pltiffs rights, helth nd sfety, cludg pltiffs right to be free of discrimtion, hrssment, retlition, nd 0 wrongful termtion. b. Oppression. In ddition, nd/or lterntively, defendnt s conduct ws done with oppression with the meng of Cliforni Civil Code Section, cludg tht defendnt s ctions gst pltiff bsed on pltiffs ge, nd/or good fith complts, ws despicble nd subjected pltiff to cruel nd unjust hrdship, knowg disregrd of pltiffs rights to workplce free of discrimtion, hrssment, retlition, nd wrongful termtion. c. Frud. In ddition, nd/or ltentively, defendnt s conduct, s lleged, 8 ws frudulent with the meng of Cliforni Civil Code Section, cludg tht -- PLArNTIFF S COMPLAINT FOR DAMAGES

11 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #: 1 8 defendnt sserted flse (pretextul) grounds for termtion nd/or other dverse job ction(s), to thereby hrd pltiff nd deprive pltiff of legl rights. 0. Attorneys fees. Pltiff hs curred nd contues to cur legl expenses nd ttorneys fees. 1. Exhustion of dmistrtive remedies. Prior to filg this ction, pltiff timely exhusted dmistrtive remedies, by timely filg n dmistrtive complt with the Deprtment of Fir Employment nd Housg ( DFEH ) nd receivg DFEH right to sue letter dted Mrch, FIRST CAUSE OF ACTION Violtion of FEHA, Cl. Govt. Code Sections 00 et seq. (Age Discrimtion) Agst Defendnts Jnssen, J&J Services, nd J&J Inclusive ofdoesltoloo. The llegtions set forth prgrphs rted here by reference. 1 through 1 re re-lleged nd corpo. At ll times here mentioned, FEHA, Government Code section 0, et seq., ws full force nd effect nd ws bdg on Defendnts. This sttute requires Defendnts to refr from discrimtg gst ny employee becuse he or she is more thn 0 yers old. With the time provided by lw, pltiff filed complt with the DFEH, full complince with dmistrtive requirements, nd received right-to- sue letter.. Durg Pltiffs employment with Defendnts, Defendnts, through their supervisors, engged ctions tht hd negtive impct on the tretment of employees who were more thn 0 yers old. Specificlly, Defendnts dischrged older employees with greter frequency thn younger employees, hired fewer employees who were older thn 0, nd gve better jobs nd benefits to younger employees.. Durg Pltiffs employment with Defendnts, Defendnts tentionlly en- --

12 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:1 I 8 1 gged ge discrimtion by dischrgg employees over the ge of 0 with greter frequency thn other employees. Durg pltiffs employment with Defendnts, Defendnts hd pttern nd prctice of discrimtg gst employees who were more thn 0 yers old.. Pltiff ws qulified employee t the time of the termtion of his employment, he ws more thn 0 yers old, nd he ws replced by n employee younger thn 0, risg n ference of discrimtion.. Defendnts, through their mngers nd supervisors, mde number of corn- ments to nd bout Pltiff tht exhibited geist motivtions, tentions, nd consciousness. Pltiff believes nd on tht bsis lleges Defendnts rel motivtion ws to dischrge him becuse of his ge. 8. Defendnts conduct, s lleged, violted the FEHA, nd Defendnts committed unlwful employment prctice(s), cludg, without limittion, by the followg, seprte bses for libility:. Termtg, brrg, dischrgg, refusg to trnsfer, ret, hire, select, nd/or employ; nd/or otherwise discrimtg gst Pltiff bsed, whole or prt, on Pltiffs ge nd/or other protected chrcteristic(s), violtion of Cl. Govt. 1$ Code 0(). b. Hrssg Pltiff nd/or cretg hostile work environment, bsed, 0 8 whole or prt, on Pltiffs ge nd/or other protected chrcteristic(s), violtion of Cl. Govt. Code 0(j). c. Filg to tke ll resonble steps to prevent discrimtion nd/or hrssment bsed on ge nd/or other protected chrcteristic(s), violtion of Cl. Govt. Code 1 0(k). d. Retlitg gst Pltiff for seekg to exercise rights gurnteed under the FEFIA nd/or opposg Defendnts filure to provide such rights, violtion of Cl. Govt. Code 0(h).. On the bsis of the bove, pltiff believes nd lleges tht his ge ws Il

13 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:1 I $ substntil motivtg fctor Defendnts termtion of his employment. 0. As proximte result of Defendnts willful, knowg, nd tentionl discrimi ntion gst Pltiff, Pltiff hs susted nd contues of erngs nd other employment benefits. 1. As to sust substntil losses proximte result of Defendnts willful, knowg, nd tentionl discrimi ntion gst Pltiff, Pltiff hs suffered nd contues to suffer humilition, emo tionl distress, nd mentl nd physicl p nd nguish, ccordg to proof. ll to his dmge sum. Defendnts discrimtion ws done tentionlly, nd frudulent mnner, entitlg Pltiff to punitive dmges. mlicious, oppressive. Pltiff hs curred nd contues to cur legl expenses nd ttorneys Pltiff is t fees. present unwre of the precise mounts of these expenses nd fees nd will seek leve of court to mend this Complt when the mounts re fully known. 1 SECOND CAUSE OF ACTION Violtion of FEHA, Cl. Govt. Code Sections 00 et seq (Age Hrssment) Agst All Defendnts Inclusive of DOES. The llegtions set forth rted here by reference.. Defendnts conduct, s prgrphs 1 through 1 to 0 re re-lleged nd corpo lleged, violted the FEHA, Cl. Govt. Code Sections 00 et seq. nd Defendnts committed unlwful employment prctice(s), cludg, without limittion, by the followg, seprte bses for libility:. whole or Hrssg Pltiff nd/or cretg hostile work environment, bsed, prt, on Pltiffs ge, nd/or other protected chrcteristic(s), of Cl. Govt. Code Section 0(j). b. Filg to 8 nd/or retlition bsed on ge, violtion tke ll resonble steps to prevent discrimtion, hrssment, violtion of Cl. Govt. Code Section 0(k). --

14 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:1 1. As proximte result of Defendnts willful, knowg, nd tentionl discrirni ntion gst Pltiff, Pltiff hs susted nd contues to sust substntil losses of erngs nd other employment benefits.. As proximte result of Defendnts willful, knowg, nd tentionl discrimi ntion gst Pltiff, Pltiff hs suffered nd contues to suffer humilition, emo tionl distress, nd physicl nd mentl p nd nguish, ll to his dmge sum ccordg to proof. $ 8. Pltiff hs curred nd contues to cur legl expenses nd ttorneys fees. Pltiff is t present unwre of the precise mounts of these expenses nd fees nd will seek leve of court to mend this Complt when the mounts re fully known.. Defendnts misconduct ws committed tentionlly, mlicious, despic ble, oppressive nd frudulent mnner, entitlg Pltiff to punitive dmges gst Defendnts. THIRD CAUSE OF ACTION 1 (Brech of Express Orl Contrct Not to Termte Employment without Good Cuse) Agst Defendnts Jnssen, J&J Services, nd J&J Inclusive of DOES 1 to The llegtions set forth prgrphs 1 through re re-lleged nd corported here by reference. 1. Defendnts, through their gents, entered n orl greement not to termte Pltiff s employment except for good cuse. Pltiff nd Defendnts, through their supervisors, mde mutul promises of considertion pursunt to this orl greement. Pltiff performed ll duties required of him under the greement by performg his job n exemplry mnner.. Defendnts nd their mngers nd supervisors termted Pltiffs 8 employment without good cuse, violtg the express orl contrct they hd with him. --

15 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:1. As proximte result of Defendnts willful brech of the express orl contrct not to termte employment without good cuse, pltiff hs suffered nd contues to suffer dmges, cludg losses of erngs nd benefits, sum ccordg to proof. FOURTH CAUSE OF ACTION Brech of Implied--Fct Contrct Not to Termte Employment without Good Cuse (Mrketg West, Inc. v. $ Snyo fisher () CLApp.th 0; Civil Code 1) - Agst Defendnts Jnssen, J&J Services, nd J&J Inclusive of DOES 1 to 0. The llegtions set forth prgrphs 1 through re re-lleged nd corpo rted here by reference.. On the bsis of orl ssurnces of contued employed given to Pltiff by Defendnts supervisors, the length of Pltiffs employment with Defendnts, Defendnts ctul prctice of termtg employment only for cuse, nd the dustry 1 stndrd for the busess Defendnts engged of termtg employment only for cuse, Pltiff nd Defendnts shred the ctul understndg tht Pltiffs employ 1$ ment could nd would be termted only for cuse. This shred understndg resulted n implied contrct requirg tht Defendnts hve good cuse to termte Pltiffs 0 employment.. Defendnts, through their gents, entered n express orl greement not to termte Pltiffs employment except for good cuse. Defendnts represented to Pltiff tht his employment would not be termted unless his job performnce ws unstisfctory. Pltiff decided to work for Defendnts on the bsis of these promises nd greed to work for Defendnts on the bsis of these promises. Pltiff performed ll of the duties required of him under this greement durg his employment.. Defendnts nd its mngers nd supervisors termted Pltiffs employment $ without good cuse, violtg the implied--fct nd/or express contrct Defendnts hd --

16 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge 1 of 18 Pge ID #:1 I with him. 8. As proximte result of Defendnts willful brech of the implied--fct con- tues to suffer dmges, cludg losses of erngs nd benefits, sum ccordg to proof.. Pltiff seeks ttorneys fees for lost wges under this cuse of ction under Lbor Code section 8. $ FIFTH CAUSE Of ACTION Wrongful Termtion Violtion of Public Policy (FEHA, Cl. Govt. Code Sections 00 et seq) Agst Defendnts Jnssen, J&J Services, nd J&J Inclusive ofdoesltoloo 0. The llegtions set forth prgrphs rted here by reference. 1 through re re-lleged nd corpo 1 1$ 0 $ 1. Public Policy. Public policy of the Stte of Cliforni, s provided by sttute e.g., Cl. Govt. Code Sections 00 et seq, prohibits job discrimtion/hrssment/retlition on the bsis of n employee s ge, nd/or good fith complts.. Violtion. Defendnt s termtion of pltiff, nd/or other dverse job ction(s), violtion sid policy(ies) of the Stte of Cliforni.. As proximte result of defendnt s termtion of pltiffs employment violtion of fundmentl public policies, pltiff hs suffered nd contues to suffer humilition, emotionl distress, nd mentl nd physicl p nd nguish, ll to his dmge sum ccordg to proof.. As result of defendnt s wrongful termtion of pltiffs employment, pltiff hs suffered generl nd specil dmges sums ccordg to proof.. Pltiff hs curred nd contues to cur legl expenses nd ttorneys fees. trct not to termte employment without good cuse, Pltiff hs suffered nd con- --

17 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge of 18 Pge ID #:1 I Pltiff is t present unwre of the precise mounts of these expenses nd fees nd will seek leve of court to mend this Complt when the mounts re fully known.. Defendnt s wrongful termtion of pltiffs employment ws done ten tionlly, mlicious, oppressive mnner, entitlg pltiff to punitive dmges. SIXTH CAUSE OF ACTION Intentionl Infliction of Emotionl Distress $ Agst All Defendnts Inclusive of DOES 1 to 0. The llegtions set forth prgrphs 1 through re re-lleged nd corpo rted here by reference. 8. Defendnts discrimtory, hrssg, nd retlitory ctions gst Pltiff constituted severe nd outrgeous misconduct nd cused Pltiff extreme emotionl distress.. Defendnts were wre tht tretg Pltiff the mnner lleged bove, cludg deprivg Pltiff of livelihood while sufferg from n ctul, perceived 1 nd/or history of disbility would devstte Pltiff nd cuse Pltiff extreme hrdship As proximte result of Defendnts extreme nd outrgeous conduct, Pltiff hs suffered nd contues to suffer severe emotionl distress. Pltiff hs susted 0 nd contues to sust substntil losses of erngs nd other employment benefits s result of beg emotionlly distressed. 1. As proximte result of Defendnts extreme nd outrgeous conduct, Pltiff hs suffered nd contues to suffer humilition, emotionl distress, nd mentl nd physicl p nd nguish, ll to his dmge sum ccordg to proof. Defendnts misconduct ws done tentionlly, mlicious, oppressive nd frudulent mnner, entitlg Pltiff to punitive dmges. 8 /1/ -1-

18 Cse :-cv-018-ab-ajw Document 18- Filed 0/08/ Pge 18 of 18 Pge ID #:18 PRAYER WHEREFORE, pltiff, Pul Allen Wexier, prys for judgment gst defendnt(s) s follows: 1. For generl nd specil dmges ccordg to proof;... $.. For exemplry dmges, ccordg to proof; For pre-judgment nd post-judgment terest on For resonble ttorneys fees; For costs of suit curred; For such other nd further relief s ll dmges wrded; the Court my deem just nd proper. I ADDITIONALLY, pltiff, Pul Allen Wexler, demnds tril of this mtter by jury. The mount demnded exceeds $,000 (Cl. Govt. Code Section 0). Dted: April, 0 SNEGERIAN & ASSOCIATES, INC. 1 By: 18 Cmey Attorneys for Pltiff, PAUL ALLEN WEXLER 0 $ --