Fired Home Depot Employee Wins Over the Jury in Wrongful Termination Lawsuit

A former Home Depot employee was awarded $175,500 by a California state court jury this month. The jury found that Home Depot, the retail giant, did not provide necessary and reasonable accommodations for the employee’s disability due to breast cancer surgery and varicose veins. The jury also found that the employee was not protected from retaliation after she reported improper sales practices that were in use at the store location where she was employed.

The jury sided with the plaintiff, Patricia Tillotson, when they found in her favor but awarded her far less than the originally sought after $3.3 million. Tillotson was awarded $75,500 in past economic damages and $100,000 in future economic damages. The jury declined to award Tillotson damages for past or future emotional distress.

The plaintiff filed suit against Home Depot in 2015 after she was fired for supposedly providing a customer with inaccurate markdowns. She maintains that she was actually terminated because of her age, her disability, and for acting as a whistleblower. When she was fired, Tillotson was 58 years old. She was the oldest employee in her Home Depot department.

The retail giant argued that Tillotson’s whole department was fired due to an investigation that found the employees in that department were providing unauthorized markdowns to Home Depot customers. They specifically claim that her termination was not due to her medical conditions and that her whistleblower complaints had nothing to do with the decision to end her employment.

The jury found that Tillotson’s age and disability were not the foundation for Home Depot’s decision to terminate her employment. But they did find that Home Depot’s failure to participate in good faith efforts to accommodate Tillotson’s disability that left her having difficulty lifting objects and working in a position where standing for extended periods would not be necessary. The jurors found that the company’s failure to make these efforts resulted in harm.

If you have been denied reasonable accommodations for your disability in the workplace or if you have been wrongfully terminated, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$1.5 Million Awarded to Valley Med Chief Psychiatrist

Dr. Jan Weber, former chief psychiatrist, was fired from his job with Valley Medical Center in 2014. This month, he was awarded $1.5 million in damages to resolve his California wrongful termination lawsuit.

What is Wrongful Termination? The legal definition of wrongful termination or wrongful dismissal is to be in a situation where an employee’s contract of employment is terminated by the employer in a way that breaches one or more terms in the contract of employment or is in violation of employment law.

Is There a Statue of Limitations for Wrongful Termination Claims? The statute of limitations is the time limit set by law during which an individual can file a lawsuit based on a claim. If you are an employee who was wrongfully terminated from your job, and you file a lawsuit after the statute of limitations has expired, the case can be thrown out. Statutes of limitations can be set by either state or federal law.

Dr. Jan Weber headed the hospital’s child and adolescent psychiatry division for over five years. In late 2014, he was let go by the county after he complained about unsafe work conditions and young patients at the institution who were being offered substandard care.

Dr. Jan Weber took notice of substandard care provided to youth patients at the facility throughout the five years he worked there as the chief psychiatrist. At the end of his term with the medical treatment center, Weber was 49 years old and was responsible for supervising approximately eight different psychiatrists in the Valley Medical Center’s mental health department.

The case ended with a three-week-long trial. The trial included testimonies from County Executive Jeff Smith and Dr. Michael Meade, Valley Med’s chair of psychiatry. The Clara County jury came back in favor of the plaintiff in the case. They held the county liable for Weber’s past and future financial loss as well as his emotional distress.

If you need help after being wrongfully terminated or if you are experiencing other employment law violations in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLPas soon as possible.

$3.2M Awarded to Fired California Hospital Employee in Wrongful Termination and Discrimination Suit

On November 5th, 2018, a former warehouse employee at Loma Linda University Medical Center was awarded $3.2 million by a jury. The plaintiff, 44-year old Hugo Lizarraga, claims that he was harassed by his supervisors at the California medical facility for years until he was eventually fired due to his Islamic beliefs.

Lizarraga worked in the California hospital warehouse for 20 years. He claims that he was a victim of both religious and disability discrimination on the part of his supervisors, other employees, and the human resources department for more than six years. Lizarraga filed a California discrimination lawsuit in September 2016.

Legal Definitions:

Wrongful Termination – A situation in which an employee’s contract of employment is terminated by the employer and the termination breaches one or more terms of the contract of employment, a statute provision, or employment law.

Religious Discrimination – A situation in which an individual or entity treats a person (an applicant or employee) unfavorably because of their religious beliefs. The law protects not only those individuals who belong to traditional, organized religious, like Buddhism, Christianity, Hinduism, Islam, and Judaism, but also those who have sincerely held religious, ethical or moral beliefs.

Disability Discrimination – A situation in which an employer or other entity that is covered by the Americans with Disabilities Act or Rehabilitation Act, treats a qualified applicant or employee unfavorably because they have a disability.

According to the lawsuit, Lizarraga worked at the hospital for more than 10 years and never experienced harassment. The harassment began in 2012 after he converted to Islam, broke his thumb and had a physician place him on modified duty. At that point, Lizarraga’s supervisors started to harass him.

The Loma Linda, California hospital disagrees with the jury’s verdict and denies the allegations claiming that Lizarraga was not discharged due to his Islamic beliefs, but because reported threatening conduct. The hospital spokesperson claimed that the facility complies with federal and state laws on discrimination and harassment and does not tolerate either.

If you have concerns about what constitutes workplace discrimination or if you have been wrongfully terminated due to a disability or your religious beliefs, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Wrongful Termination Suit Results in $3M For Catholic School Teacher

A California jury recently awarded over $3.5 million to a former Catholic school teacher, Kourtney Liggins, who alleged that the Archdiocese of Los Angeles fired her from her position as the science teacher at LA’s Transfiguration School for being pregnant and unwed. Kourtney Liggins’ lawsuit alleged wrongful termination and intentional infliction of emotional distress. Transfiguration School is a Catholic parochial school that is linked with the Church of Transfiguration. The Transfiguration School was founded in 1832 by Varela. It was opened for registration to children of any religion/faith in 1969. The Transfiguration School has higher than average academic standards and was the winner of the National Blue Ribbon Schools Award in 2011. 

Legal Definitions:

Wrongful Termination – A situation in which an employee’s contract of employment is terminated by the employer and the termination breaches one or more terms of the contract of employment, a statute provision, or employment law.

Intentional Infliction of Emotional Distress – A situation in which an individual or entity acts abominably or outrageously with the intention of causing another to suffer severe emotional distress. It often occurs in the form of a vocal threat of future harm.

Major news outlets reported that jurors were in deliberation for less than a day before they announced their decision – finding in favor of Kourtney Liggins, ex-science teacher for the Catholic school in Los Angeles.

The panel of jurors found the archdiocese and Reverend Michael Tang, former pastor of the Church of the Transfiguration, liable in the case. Liggins, now 48 years old, says that when the situation occurred in 2012, she was seven months pregnant. Tang took her aside and advised her that her pregnancy would “morally corrupt” her science students there at the school. In 2013, her teaching contract was not renewed.

If you have been wrongfully terminated or are experiencing discrimination in the workplace, please get in touch with one of the California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Pastor Denies Wrongful Termination Claims of Pregnant, Unwed Teacher

Reverend Tang, the pastor of a Leimert Park Catholic church testified that the decision not to renew the contract of one of teachers at the Transfiguration School, Kourtney Liggins, was a joint decision between himself and the interim principal of the school associated with the parish. He specified that the decision was not based on the fact that she was pregnant and unmarried. Liggins’ contract was not renewed in 2013. She filed a wrongful termination lawsuit in the Los Angeles Superior Court that specifically alleged wrongful termination in violation of public policy, intentional infliction of emotional distress and defamation.

Rev. Tang claimed during his testimony that parents of students lodged complaints that the plaintiff was late to work regularly and that she was frequently on her phone sending text messages while she was in her classroom. He denied allegations that he held it against her that she was pregnant and not married, or for having children from a previous marriage that resulted in a divorce.

Liggins’ suit named the Archdiocese of Los Angeles, the Transfiguration School, Reverend Tang and the principal of the school in September 2013, Evelyn Rickenbacker as Defendants. In the summer of 2012, Liggins was seven months pregnant. She alleges that at that point in time, Reverend Tang specifically advised her that her situation, being pregnant and not married, would “morally corrupt the impressionable teenagers at the Transfiguration School.

Liggins, who is now 48 years old, complained about the situation to school officials, but according to lawsuit documents their response was to tell her to pray about it.

Rickenbacker was removed from the list of defendants in the case, but Tang insists that he and Rickenbacker decided jointly not to renew Liggins’ teaching contract for 2013-14. Tang, pastor of the Church of Transfiguration, did note that the Catholic church frowns on women in Liggins’ situation, but stated that the official teachings of the Catholic Church have been interpreted in a pastoral sense. In fact, close to half of the parents at the school are single parents.

Prior to Rickenbacker filling the role, Liggins’ sister, Michele Yerima was principal of the Transfiguration School. She resigned in March 2013, but remained as acting principal. Tang cited Yerima’s involvement in the administration of the school as part of the problem with the case as he claims that many of the parents who lodged complaints about Liggins’ frequent tardiness did not leave their names in fear of retaliation from her sister. Tang claimed that parents were afraid of her; that was her reputation.

If you have been wrongfully terminated or if you need to discuss instances of pregnancy discrimination in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Settlement Between Former Employee and NFL Network Approved

A settlement was approved for a lawsuit brought against the NFL Network by a former wardrobe stylist, Jami Canton. Canton claimed a slew of labor law violations, including: sexual harassment, age discrimination, workplace retaliation, wrongful termination and defamation. The settlement was approved by Los Angeles Superior Court Judge Michael Stern after Jami Cantor filed a motion to resolve the suit seeking civil penalties. In exchange for the settlement, Cantor agreed to drop all claims.

Donovan McNabb and Eric Davis, former NFL Network analysts, were both fired in January by ESPN after a month-long investigation into claims of inappropriate behavior on the job made by Cantor. Cantor, as an aggrieved employee, will receive 25% of the approved settlement amount while the other 75% will be distributed to the state Labor & Workforce Development Agency (LWDA). The LWDA is a cabinet-level state agency responsible for coordinating workforce programs and oversight of seven different departments that deal with benefit administration and upholding and enforcing employment laws of the state of California.

Cantor filed the California lawsuit in September. In the complaint she claimed she began work in 2006 and was employed at the NFL’s Culver City studio. As part of her job, Cantor claims she was responsible for creating a wardrobe closet to make sure that talent would have clothes to wear for the NFL shows. During the course of her employment, Cantor alleged that she was subjected to numerous instances of sexual harassment at the hands of a number of different NFL employees. Claims of harassment included: inappropriate touching, inappropriate references, inappropriate comments, texted photos of a sexual nature, etc. All this while Cantor repeatedly made it clear that the advances were unwanted and not reciprocated.

Cantor claims that nothing was done in response to her complaints and that rather than assisting her with the situation, the NFL made her life more difficult by increasing her workload and decreasing her hours. In addition to the harassment claims, Cantor levied a number of other labor law violation complaints against her former employer, including: failure to pay overtime, failure to provide required meal and rest breaks, failure to reimburse for business expenses, and wrongful termination.

Cantor was fired in October of 2016. She claims she was falsely accused of stealing clothing from an employee. She also claims that internal video would prove that she had not taken anything. When she was terminated, Cantor was 51 years old. Her replacement was 30 years old.

If you have questions about overtime pay, harassment in the workplace or wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Whistleblower Lawsuit Filed Against Local California Business

Susanne Bjornson, a former employee of a local home furnishing store, filed a whistleblower lawsuit claiming wrongful termination and emotional distress. Bjornson claims that her previous employer falsified a declaration and forged her signature in order to defeat a valid Workers’ Compensation claim. Bjornson filed an employment lawsuit in the Santa Barbara Superior Court against Celadon House.

Celadon House operates retail furniture stores in both Santa Barbara and San Luis Obispo. Bjornson, who was employed at the Santa Barbara retail location, alleges she was working on the day that one of her co-workers was injured in the course of moving some furniture. The employee who sustained the injury filed a Workers’ Compensation claim.

According to the plaintiff’s legal counsel, Celadon House did not carry Workers’ Compensation insurance (a violation of California law). The two owners of Celadon House, Kelli Thornton and Cherisse Sweeney, allegedly prepared a Declaration including Bjornson’s name without her knowledge or consent. In the Declaration, it stated that the injured employee had not moved furniture on the day they sustained their injury and that the employee did not report the injury. Allegedly, one of the two Celadon House owners then completed the false Declaration with Bjornson’s forged signature.

Bjornson insists she was never questioned by the two owners or anyone else at the company about the injury or the day the injury was sustained and that the statements that are being attributed to her in the official Declaration document are false. Due to the false Declaration, the injured employee’s Workers’ Compensation benefits were denied. Soon after the denial, Bjornson was notified of the Declaration. Bjornson, fearing that she could be implicated in an unlawful act, felt compelled to immediately resign her position with Celadon House.

The plaintiff’s counsel argues that as the working conditions were so intolerable that Bjornson, as a reasonable person, had no other alternative than to resign her employment, it constitutes a “constructive” discharge of employment – meaning that the resignation is equal to termination.

If you have questions about what constitutes wrongful termination or if you have been wrongfully terminated, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.