Facts

Plaintiff Gabriel Navarrete worked as director of security for Sybase Inc. from November 2001 through March 14, 2005. Sybase was involved in a race and gender discrimination trial in which the jury returned a verdict against Sybase on On Oct. 5, 2004. Navarrete was asked to testify at trial, but he refused. On Oct. 8, Navarrete's supervisor, Nita White-Ivy, informed him that he would be placed on a performance improvement plan due to his performance problems. Navarrete wrote a letter to Sybase's CEO claiming he felt White-Ivy was retaliating against him for declining to testify at the Oct. 5 trial. An investigation was conducted and it was determined that there were no retaliatory motives for the proposed performance plan. Subsequently, Navarrete was not placed on the performance plan. From Dec. 2004 through March 2005, Navarrete went on medical leave due to work-related stress. White-Ivy sent Navarrete a letter requesting the return of vital materials and Sybase informed him that he would be automatically terminated if he did not return to work at the end of his 12-week leave of absence. He did return to work but tendered his resignation one week after his return.

PLAINTIFF'S CONTENTIONS:
Navarrete sued Sybase and White-Ivy contending wrongful termination and retaliation for his refusal to testify at trial and for taking medical leave. Navarrete alleged that defendants had intimidated, threatened, and harassed him after the recent trial and during his medical leave, leaving him with no choice but to resign.

DEFENDANT'S CONTENTIONS:
The defendants contended that Navarrete did not prove that Sybase engaged in conduct that would be sufficient to support his claim that he had no choice but to resign and that he lacked evidence of any retaliation.

Damages

Navarrete sought $360,815 for past lost wages; $339,655 for future lost wages; and damages for emotional distress. He also sought punitive damages.

Injuries

Navarrete claimed that the events at Sybase and his loss of income caused an extreme level of emotional distress. At the time of his resignation, Navarrete was making $116,000 per year.

Result

The jury returned a verdict for the defendants, finding no wrongful termination and or retaliation.

Other Information

Navarrete's motion for a new trial is pending.

Deliberation

two days

Poll

9-3

Length

20 days