Cory Fairbanks Mazda/Gary Yeomans have added insult to injury by appealing the Order of the Court awarding lost wages to their longtime employee.
The Order of the WC trial court followed the unemployment decision that was part of the record. Instead of finally paying the benefits that were awarded to their ex-employee by 2 separate trial courts, Cory Fairbanks Mazda has chosen to delay responsibility by filing an appeal of the WC decision.
An appeal when there is CSE(competent & substantial evidence) supporting the trial court’s decision is more of a “Hail Mary” longshot which adds up to 2 years of delay to finally paying the woman her well- deserved lost wages if the order is upheld. The upside is that Cory Fairbanks Mazda/Gary Yeomans will have to pay penalties, interest and more attorneys fees for the delay if they lose. In light of the two trials, it is conceivable that Cory Fairbanks Mazda/Gary Yeomans will pay more in appellate costs & attorneys fees than the actual amount under appeal.
An appeal of such a clear CSE Order may be legal, but will cause more harm to the former loyal employee as she waits longer for her lost wages. The perception of continued abuse of process against the injured ex-employee will be hard to shake for Cory Fairbanks Mazda & Gary Yeomans. Whether or not the decision rises to the level of an Aguilera action has yet to be determined.
On a separate note, Cory Fairbanks Mazda was recently cited by the Federal Trade Commission for false advertising. Not much to add, the FTC’s actions speak for themselves against Cory Fairbanks Mazda.