Billesdon vs. Wells Fargo Securities, LLC

Case Background

On March 14, 2023, Christopher John Billesdon filed a Disability Discrimination lawsuit in North Carolina’s District Court. Judges Frank D. Whitney and Susan C. Rodriguez presided over the case.

Cause

Christopher Billesdon, a 50-year-old Managing Director at Wells Fargo Securities, was terminated in 2022 under controversial circumstances. His team generated $60-64 million annually, yet Billesdon faced challenges due to a disability from a 1990 accident.

Billesdon’s condition required frequent bathroom access and medication, managed effectively in the California office. After relocating to Charlotte in 2020, Wells Fargo initially promised accommodations but allegedly failed to fulfill them. When Billesdon requested to work from home or arrive later on medication days, Wells Fargo allegedly ignored and improperly denied his request.

The complaint claims Wells Fargo used “stall and obfuscation tactics,” avoiding contact and postponing accommodation discussions. His February 2022 termination, supposedly for “cost-cutting,” is alleged to be a pretext. Only Billesdon and another older employee were included in the reduction.

The complaint also alleges a pattern of age discrimination at Wells Fargo. It cites instances where older employees were targeted or subjected to ageist comments. Additionally, it details regulatory violations and questionable practices, including unauthorized use of personal communication channels and failures in risk management.

Injuries

As a result of Disability Discrimination, Billesdon suffered significant financial and emotional harm, including:

  1. Loss of wages and benefits
  2. Loss of professional opportunities
  3. Emotional distress and mental anguish
  4. Damage to professional reputation
  5. Deprivation of reasonable accommodations
  6. Discrimination based on disability and age
  7. Sudden loss of long-standing employment

The termination after nearly 25 years caused substantial economic and non-economic losses.

Damages

The complaint sought the following remedies:

  1. Compensatory damages for lost wages, benefits, and emotional distress
  2. Punitive damages under N.C. Gen. Stat. § 1D-115
  3. Back pay and front pay
  4. Liquidated damages under the ADEA
  5. Attorneys’ fees and costs
  6. Pre-judgment and post-judgment interest
  7. Equitable relief under the ADA
  8. Any other necessary or appropriate relief

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Christopher John Billesdon
  • Defendant(s):Wells Fargo Securities, LLC
    • Counsel for Defendants: David Isaac Klass | Julia W. Clark | Lucy Meryl Anderson | Suzanne K. Michael

Key Arguments or Remarks by Counsel

“We are so grateful for the jury, who courageously sent a loud and clear message that willfully refusing to follow the law is unacceptable in the community.” “We enforce our laws, even against offenders like Wells Fargo.”said Billesdon’s lawyer, L. Michelle Gessner.

Gessner said the jury verdict is one of the biggest in an employment discrimination case for Fourth Circuit courts, based on her research. She also said it appears to be the largest punitive damages verdict in an employment case under North Carolina state law.

Claims

The complaint alleges the following legal claims against Wells Fargo:

Violation of the Americans with Disabilities Act (ADA):

  • Failure to provide reasonable accommodations
  • Failure to engage in the interactive process
  • Termination based on his disability
  • Retaliation for requesting accommodations

Age discrimination in violation of the Age Discrimination in Employment Act (ADEA):

  • Treating Billesdon less favorably than younger employees
  • Termination due to his age (49 at termination)
  • Replacement by much younger employees
  • Retaliation for opposing age discrimination

Wrongful discharge in violation of North Carolina public policy:

  • Termination due to his disability and/or age
  • Violation of public policy under N.C.G.S. § 143-422.1
  • Retaliation for exercising his rights and opposing misconduct

Defense

Wells Fargo denied most of the allegations and asserted several defenses. They admitted basic facts about Billesdon’s employment history but denied discrimination, retaliation, and wrongful termination claims. The Defendant argued that Billesdon’s complaint failed to state a valid claim for relief. They claimed there was no causal connection between alleged unfavorable actions and any protected activity. They asserted they would have taken the same actions regardless of any protected classification.

Wells Fargo maintained that Billesdon’s claims were barred due to his failure to exhaust administrative remedies. They argued that Billesdon could not prove causation for his claims. They contended that all employment decisions were justified by legitimate, non-discriminatory, and non-retaliatory reasons. Further, the Defendant argued that Billesdon’s accommodation request was unreasonable or imposed an undue hardship. They claimed Billesdon’s damages were mitigated and that Wells Fargo had acted appropriately.

Additionally, they raised  defenses, including laches, waiver, estoppel, and unclean hands. They also challenged the constitutionality of Billesdon’s punitive damages claims under the U.S. Constitution. The Defendant reserved the right to amend their answer or add defenses after further discovery.

Expert Testimony

Craig L. Moore, Ph.D., formed an opinion to a reasonable economic certainty regarding the value of Christopher Billesdon’s lost earnings and benefits arising from his termination by Wells Fargo.

Jury Verdict

On July 26, 2024, the jury reached a verdict in Christopher Billesdon’s case against Wells Fargo. They awarded Billesdon a total of $22.1 million in damages in a Disability Discrimination lawsuit.

The jury awarded $6 million in compensatory damages for back pay and determined that Billesdon was entitled to $14 million for future lost earnings.

For the emotional distress Billesdon suffered, the jury granted him $100,000.

The jury also imposed punitive damages on Wells Fargo, awarding $1 million under the Americans with Disabilities Act (ADA) and another $1 million under North Carolina state law.

Court Documents:

Available Upon Request

Press Release:

https://www.charlotteobserver.com/news/business/article290568514.html