Wendy Lopez v. The Andwin Corporation, Andwin Scientific, and Does 1 through 100
Published: Sep. 12, 2015 | Result Date: Jun. 2, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC534542 Verdict – $7,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Daniel C. Sharpe
(The Matian Firm APC)
Everardo V. Valencia
(Law Office of Everardo V. Valencia APC)
Defendant
Facts
Plaintiff Wendy Lopez sued her former employer The Andwin Corp. and Andwin Scientific, in connection with her employment and termination from the company.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed she had been discriminated against based upon her disability. Plaintiff asserted causes of action under the Fair Employment and Housing Act and California common law for discrimination, harassment, retaliation, failure to provide reasonable accommodations, and wrongful termination in violation of public policy.
DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff was hired as a temporary, at-will employee and was terminated before her 90-day probationary period expired because she was unable to competently perform the tasks assigned to her. The defense further established that plaintiff had failed to inform her employer that she had suffered from cancer in the past nor had she ever requested a special accommodation for her alleged disability.
Damages
Plaintiff sought damages of $150,000 resulting allegedly from lost wages, mental anxiety, humiliation, and emotional distress.
Result
The jury returned a verdict of no liability against defendant as to five of the six causes of action. The jury awarded plaintiff $7,000 in past non-economic damages against defendants Andwin Corp. and Andwin Scientific, jointly and severally, for failing to prevent harassment, discrimination, or retaliation.
Other Information
A hearing on a motion for attorney fees is currently pending. FILING DATE: Jan. 28, 2014.
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