Wrongful Termination Lawsuit Settled with $4 Million Settlement from the Catholic Church

March 25, 2015 - A former high school football coach, Christopher Cerbone, filed a wrongful termination lawsuit against the Catholic Church in Sacramento in response to his termination after reporting that some of the older players were sexually harassing some of the younger members on the team. The church agreed to pay $4 million to settle the suit. This settlement is in addition to the $900,000 a jury already ordered the church to pay the coach. The sexual harassment the coach reported was a form of “hazing.”

The church offered the $4 million settlement while the Sacramento County supreme court’s jury was deliberating whether to award punitive damages in response to the suit. The jury later advised reporters that they were considering awarding a lower amount closer to $1 to $2 million.

The hazing incident that led Cerbone to report the sexual harassment occurred at a Catholic high school in Vallejo in December of 2012.

Southern California employment law is designed to protect California workers who are doing their jobs. If you feel unsafe in the workplace or you feel that someone you work with is in an unsafe environment or situation, contact us for information on how to make it right. Many workplaces have policies regarding discrimination that go ignored until workers seek outside legal counsel. If you are a victim of harassment or if you have been victimized by a wrongful termination, you have the right to speak up for yourself. Doing so, with legal counsel on your side will mean getting results. If you have questions regarding sexual harassment or what constitutes wrongful termination, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Wrongful Termination Lawsuit Settled with $4 Million Settlement from the Catholic Church

A former high school football coach, Christopher Cerbone, filed a wrongful termination lawsuit against the Catholic Church in Sacramento in response to his termination after reporting that some of the older players were sexually harassing some of the younger members on the team. The church agreed to pay $4 million to settle the suit. This settlement is in addition to the $900,000 a jury already ordered the church to pay the coach. The sexual harassment the coach reported was a form of “hazing.” 

The church offered the $4 million settlement while the Sacramento County supreme court’s jury was deliberating whether to award punitive damages in response to the suit. The jury later advised reporters that they were considering awarding a lower amount closer to $1 to $2 million.

The hazing incident that led Cerbone to report the sexual harassment occurred at a Catholic high school in Vallejo in December of 2012.

Southern California employment law is designed to protect California workers who are doing their jobs. If you feel unsafe in the workplace or you feel that someone you work with is in an unsafe environment or situation, contact us for information on how to make it right. Many workplaces have policies regarding discrimination that go ignored until workers seek outside legal counsel. If you are a victim of harassment or if you have been victimized by a wrongful termination, you have the right to speak up for yourself. Doing so, with legal counsel on your side will mean getting results. If you have questions regarding sexual harassment or what constitutes wrongful termination, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Sexual Harassment Case Results in $300,000 Punitive Damages Despite Nominal Damages Award

In the State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9^th Cir. 2014) (en banc) Angela Aguilar claimed she was sexually harassed on the job, experienced workplace retaliation, was subjected to purposeful infliction of emotional distress and was finally terminated from employment after approximately 11 months working in a copper mine.

The trial, lasting eight days, ending with the jury finding ASARCO liable on sexual harassment claims (violating Title VII of the Civil Rights Act), but not on constructive termination or retaliation claims made by Aguilar. Ms. Angela Aguilar was awarded $1 in nominal damages and $868,750 in punitive damages. Based on the statutory cap that can be found in 42 U.S.C. § 1981a(b)(3)(D), the district court reduced the award to $300,000.

ASARCO cited BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996) as they argued for appeal that the 300,000 to 1 ratio of punitive to compensatory damages was in violation of due process rights. The United States Court of Appeals did allow that the cited “Gore” case was of relevance to the context of the case, but clearly noted a differentiation between the two saying that Aguilar, the plaintiff in the case against ASARCO, had asserted a claim (under a statute, Title VII, including provision § 1981 imposing a cap on punitive damages. Using this as a basis for argument, the due process issues that were raised in the Gore case are not applicable to employment discrimination claims filed under Title VII.

The Court also noted that the jury was given instruction from the district court not to award any nominal damages over $1 to the plaintiff, Aguilar. The Court also found no mistake in the district court’s admission of sexually explicit graffiti in bathrooms as evidence. The graffiti used as evidence was similar to the graffiti that was directed at Aguilar. The Court affirmed the award to Aguilar of $350,902.75 for attorney’s fees and other costs.

For additional information on sexual harassment in the workplace and how to handle hostile work environments in California contact your southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Whistleblower’s $25 Million Lawsuit Against Nike Heads to the Jury

In the course of the more than $25 million lawsuit proceedings against Nike, the jury heard two very different versions of events. Douglas Ossanna is a former Nike electrician, fired in early 2013. He claims that Nike fired him in retaliation after he reported unsafe working conditions for electricians at the approximately 600-acre campus in Washington County. Nike denies the allegations. Nike’s version of events has Ossanna being fired for playing a pickup basketball game on a court in the Bo Jackson Building when the facility was designated as off limits.

The more than $25 million lawsuit consists of $572,000 in economic damages, $1.5 million in non-economic damages and as much as $25 million in punitive damages. During the closing arguments, attorneys for the plaintiff argued simplicity. They claim a simple and clear-cut case of retaliation in the workplace. It was argued that Ossanna had made concerns clear regarding unsafe working conditions to at least six different Nike managers over a period of a few years. Ossanna claims none of his unsafe working conditions reports were ever investigated or resolved by Nike.

On top of being fired, Ossanna’s representation make it clear that he suffered harsh working conditions including excessive amounts of overtime in response to his reporting of problems with workplace safety.

Nike indicated that they did not retaliate against the electrician and that as a supervisor, he had access to every building on the Washington County campus. Nike’s attorney, argued during her closing argument that the decision to terminate Ossanna’s employment was consistent with other recent terminations in the company including a Nike employee was terminated for lying in order to receive a $20 gift card.

If you or someone you know is a victim of retaliation in the workplace, contact the employment law experts at Blumenthal, Nordrehaug & Bhowmik to find out how you get legal reparations for the damage to your career, your finances and your life.