The Marian Barraza Story: Plaintiff to Challenge Lawrence Livermore Lab in Courtroom Showdown

In “Monumental Wrongful Termination Suit Looms Over Lawrence Livermore Lab” we announced the largest case in the 33 year history of Gwilliam, Ivary, Chiosso, Cavalli, & Brewer : a lawsuit filed on behalf of 130 former Lawrence Livermore National Laboratory workers who claim that illegal widespread layoffs specifically targeted the highest salaried senior staff members who were closest to retirement. One of the most compelling stories in this case belongs to, our plaintiff and former Lab employee, Marian Barraza who launched her career, in 1969 at age 17, and spent 38 years as an employee of The Lab before being wrongfully terminated from her position.

Marian Barraza: 1969 A New Beginning

Marian Barraza started working at Lawrence Livermore National Laboratory in 1969 as a result of a successful stint as a participant in a high school program. “They offered me a full time position,” Marian said. “I graduated on a Friday and started full time on Monday. They began training me typing purchase orders on a teletype machine.”

Through hard work and perseverance, Marian rose to a position as a purchasing specialist. Her main responsibility was to review and process contract invoices from contract administrators. According to Marian, “We (unit) were responsible for reviewing and approving invoices, ensuring financial and property issues were resolved, and overseeing “allowable” expenses being turned in by the contractors.  .  . We worked on contracts on a monthly basis of $300,000+ with some contracts in the millions of dollars.” 

Life at The Lab Before Privatization

The Lab was a vibrant community of friends, family and co-workers who shared their lives through celebration in their work, holidays spent together, and memories made both on the job and during time away. It’s the place in the early 1970′s where Marian Barraza met her husband Martin “Benny” Barraza a requester in the Electronics Engineering department. It is where they celebrated the birth of their two daughters. And it is the place 10 years ago where her daughter joined The Lab “family” as a Computer Tech. As Marian fondly describes it, “The Lab was a city of it’s own; very friendly and always a family away from home.” At the time, Marian felt that she was treated fairly, her work was valued, and her path was set. That would not remain the case.

Discrimination

The last two years of Marian Barraza’s employment at The Lab were trying, difficult, and emotional. Subtle yet negative, changes were taking place and Marian took notice. “I had no problem until the last 2 yrs when senior employees were being pushed aside for special projects,” Marian said. “All of the special projects were going to younger employees and not us.” 

Other instances that Marian noticed began to concern her. Training classes were not being offered to senior employees. Her position as back up to their group leader, handling day to day operations in the leaders absence, was taken away and assigned to a younger worker. Most peculiar was the constant movement of people. In one of the most telling instances, Marian and  two senior employees applied for a coveted “lead” position. In a foreshadowing of things to come, The Lab hired a new employee with only nine months experience. It was Marian who trained this new employee prior to his landing the coveted lead position.

“Black Thursday” and Emotional Distress

May 22, 2008 is known as “Black Thursday” to long time Lab employees who were laid off that day. Upon arrival to her office, Marian was instructed to stay in her office until notified by her manager. When a supervisor walked in at 7:15am Marian was in shock. According to Marian, her first reaction to the supervisor was “You have to be kidding. . . me?”

Marian Barraza was handed a layoff letter, the supervisor would not answer her direct questions, and she was informed she had one hour to pack and clear the premises. The rest of the time was spent processing her out of the facility, guarding her office, and even in one instance escorting her to the bathroom. Tearful goodbyes with co-workers and her daughter were capped off by her final trip to the check-out point where Lab security and sheriff deputies performed the final processing. As Marian so succinctly stated, “I was treated like a criminal.”

The Lab: 12 Causes of Action

Lawrence Livermore National Security LLC, the private management organization running The Lab is facing 12 Causes of Action some beyond the scope of Marian Barraza’s claim. The Lab is being accused of the following:

• First Cause of Action: Age Discrimination
• Second Cause of Action: Retaliation
• Third Cause of Action: Disability Discrimination
• Fourth Cause of Action: Violation of California Family Rights Act
• Fifth Cause of Action: Wrongful Termination in Violation of Public Policy
• Sixth Cause of Action: Race/National Origin Discrimination
• Seventh Cause of Action: Gender Discrimination
• Eighth Cause of Action: Sexual Orientation Discrimination
• Ninth Cause of Action: Intentional Infliction of Emotional Distress
• Tenth Cause of Action: Breach of Express or Implied Contract
• Eleventh Cause of Action: Breach of Implied Covent of Good Faith and Fair Dealing
• Twelfth Cause of Action: Violation of Constitutional Right to Continued Employment

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