An age discrimination lawsuit filed by laid off Lawrence Livermore National Laboratory workers finally got underway in earnest yesterday as lawyers for the plaintiffs and defendants began their opening statements in what is expected to be a five-week trial. The trial in Alameda County (Calif.) Superior Court pits five former lab workers that have alleged they were unfairly dismissed from the lab in 2008 because of age discrimination. The five workers are a “representative” group of 130 former lab workers that are suing contractor Lawrence Livermore National Security, LLC, and the current trial represents the first phase of the trial. The 130 workers were included in a layoff of 440 laboratory employees in 2008. Lawyers for the workers, with an average age of 54, have argued that lab managers unfairly targeted the employees because of their age during the round of layoffs, and the employees are suing for “breach of contract and breach of the implied covenant of good faith and fair dealing,” according to Gary Gwilliam, a lawyer for the employees with Oakland-based Gwilliam, Ivary, Chiosso, Cavalli & Brewer. One of the plaintiffs is also claiming retaliation in the lawsuit. Lawyers for the lab have repeatedly opposed the claims of the former employees.
Lawyers for the former workers concluded their opening statement yesterday; lawyers for the laboratory are expected to wrap up their opening statements today, and then the plaintiffs will begin calling witnesses. The first witness the plaintiffs plan to call is Principal Associate Director of Global Security Bruce Warner, who headed up the lab’s Layoff Implementation Review Committee. The plaintiffs also plan to call a handful of laboratory officials, including former Director George Miller and National Ignition Facility Director Ed Moses. Marian Barraza, one of the chief plaintiffs, will also take the stand early in the trial.
