EX-LEXMARK EMPLOYEES SUE LEXMARK-CORP FOR $16MILLION

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Date: Tuesday December 1, 2009 11:37:22 am
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    http://www.kentucky.com/news/local/story/1031192.html
    EX-LEXMARK EMPLOYEES SUE LEXMARK-CORP FOR $16Million. 
    Lexmark class-action suit nears final phase
    Closing briefs will soon be filed in the damages phase of a class-action lawsuit against Lexmark by its California employees.The case involves vacation time and Lexmark’s use-it-or-lose-it policy that a former employee claimed was against California law.In May, Los Angeles Superior Court Judge Gregory Alarcon ruled the policy was indeed against California law that “prohibits employer policies that require employees to forfeit vested vacation and/or deny employees vacation wages to which they are entitled upon termination.”According to the ruling, Lexmark has employed 181 current and former workers in California from its inception in 1991 to the present.The plaintiff, Ron Molina, and the class are seeking more than $16 million in damages, said Sheila Thomas, an attorney for the plaintiff.

    Lexmark declined to comment on the case but spokesman Jerry Grasso said it would likely appeal the ruling.Molina also has an individual suit ongoing against Lexmark. Thomas said Molina, a former salesman for the company, had his commission structure retroactively changed, shorting him about $100,000.A trial was held in the individual case, but a ruling has not yet been issued.

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