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| | Intercare Holdings Responds To adjustercom Published News Editorial On Their Pending Class Action Lawsuit
By Thomas Suh and LTL Trial Attorneys - March 8, 2013
In response to a recent article by Jorge Alexandria dated February 21st 2013 on adjustercom entitled "Intercare Offers Adjusters $500 To Opt-Out Of Class Action," Intercare would like to express that it strongly believes it treats its adjusters fairly and lawfully, and is continuing to vigorously defend the one (and only one) supposed class action against it.
While Intercare cannot comment on the specifics of pending litigation, we offer the following general but significant observations, which one reading Mr. Alexandria's article might not understand:
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First-- There has as yet been no finding or adjudication of misclassification in the current case;
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Second-- There is no clear authority in California law deeming adjusters to be non-exempt;
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Third-- There are significant differences between in-house adjusters (as in some of the matters referred to by Mr. Alexandria) and third-party adjusters (like Intercare's employees); and
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Fourth-- Every case is different, so that the result reached in one case, by one court, on one set of facts, says little, if anything, about the result that will be reached in a different case.
Intercare's adjusters should be allowed to make up their own minds about whether they do or do not want to enter into individual settlement agreements with Intercare. Mr. Alexandria (who is not an attorney) is certainly free to offer his opinion on the matter, but he should not try to interfere with the adjusters' decision-making process by offering his unsupported views as to the merits and predictions as to the outcome of the case, particularly when he has no personal knowledge of the pending matter.
Some of Intercare's adjusters may well choose not to enter into such settlements, and that is completely their right. But in that case, this matter should be left to the courts for resolution. It should not, in any event, be tried in the media.
Please note that Mr. Alexandria is a former and terminated employee of Intercare. Mr. Alexandria unsuccessfully filed three claims against Intercare: overtime compensation, workers compensation, and wrongful termination (132A), all of which were decided in Intercare's favor.
Lastly, we point out that Mr. Alexandria also grossly mischaracterized a recent and separate wrongful termination case filed by one of the named plaintiffs in the class action matter. That case also resulted in a complete and favorable decision for Intercare.
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