Facts

Plaintiffs Peggy Jarian, 36, a secretary, and Vosgan Mekhitarian, 64, a principal, were fired from their respective jobs at Mekhitarist Fathers' Armenian School, a private Catholic school on Nov. 13, 2009.

Jarian had previously filed a sexual harassment complaint with the school against administrator Hovannes Khosdeghian. Mekhitarian supported Jarian and protested against Khosdeghian's conduct and the school's failure to take remedial measures. He was terminated and replaced by Khosdeghian. A lawsuit was then brought by Jarian, Mekhitarian and Jarian's husband, Hamayak Jarian, against the school, Khosdeghian and Rev. Yeghia Vart Kilaghbian. The lawsuit brought causes of action for wrongful termination in violation of California's Fair Employment & Housing Act (FEHA), retaliation, defamation, negligent infliction of emotional distress and intentional infliction of emotional distress. Jarian additionally brought causes of action for sexual assault and battery, and her husband brought a cause of action for loss of consortium.

PLAINTIFFS' CONTENTIONS:
Peggy Jarian contended that she was retaliated against by the defendants for filing the sexual harassment claim. Mekhitarian contended that his termination was in response to his support of Peggy Jarian. Both Peggy Jarian and Mekhitarian contended that the defendants made false accusations about them stealing from the school while still under its employ.

DEFENDANTS' CONTENTIONS:
The defendants denied all of the plaintiffs' accusations. They contended that Mekhitarian was terminated for mishandling the management of the school, and that Jarian was fired for an incident in which she told a Board of Directors member to "get the hell out" and refused him entry into the school grounds. The defendants filed cross-complaints against the plaintiffs for conversion and negligence. Both cross-complaints were dismissed by the judge after the defense's case in chief, on motions by the plaintiffs.

Damages

Peggy Jarian sought damages for past and future pain and suffering, lost earnings and future medical expenses. She claimed that the damage to her reputation caused her severe emotional distress. She was diagnosed with depression. She also claimed that she has not found new employment after being fired. Mekhitarian sought damages for past and future lost earnings, as well as pain and suffering. Hamayak Jarian sought damages for a loss of consortium. The defendants contended that Peggy Jarian and Mekhitarist were terminated for valid reasons, and that they owed no damages for lost earnings. They further contended that their actions did not emotionally harm Peggy Jarian, and that she was not owed any damages for her psychiatric treatment.

Injuries

Plaintiffs suffered depression, emotional distress and loss of consortium.

Result

The jury found in favor of Jarian on her retaliation, defamation and emotional distress claims, awarding her $110,000, and in favor of Mekhitarian, awarding him $150,000 in damages. Hamayak Jarian was awarded $1 for his consortium claim. On Peggy Jarian's sexual harassment, sexual battery and intentional infliction of emotional distress claims the jury found in favor of the defense. They jury also found in favor of the defense in regards to Mekhitarian's retaliation and emotional distress claims.

Other Information

Plaintiff Peggy Jarian intends to file a motion for attorney fees pursuant to FEHA.

Deliberation

1.5 days

Length

15 days