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Employment Law
FEHA
Wrongful Termination

Sarah Grenfell v. Blue Printing Unlimited Inc.

Published: Sep. 19, 2009 | Result Date: Aug. 28, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 34-2008-00012809-CU-WE-GDS Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Paul S. Chan
(Bird, Marella PC)

Jeffrey Kravitz
(Alternative Resolution Centers )


Defendant

Robert L. Rediger
(Rediger Labor Law LLP)

Jimmie E. Johnson
(Leone & Alberts)


Facts

On July 10, 2006, defendant Blue Printing Unlimited Inc. hired plaintiff Sarah Grenfell as a systems coordinator. In January 2007, the plaintiff became a salesperson. On June 25, 2007, she was discharged from her employment.

On June 10, 2008, the plaintiff filed a complaint for damages against the defendant based on gender discrimination and sexual harassment in violation of FEHA, intentional infliction of emotional distress, and termination in violation of public policy.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that her gender was a motivating factor in terminating her employment. She testified that she was unable to gain comparable employment for at least one year after the termination.

DEFENDANT'S CONTENTIONS:
The defendant denied plaintiff's allegations, and contended that plaintiff was discharged for legitimate business reasons. She had been informed on numerous occasions that her employment was in jeopardy for tardiness, absenteeism, rudeness, failure to perform job duties, insubordination, acting in a condescending manner toward employees, and rejecting suggestions on how to perform her job.

Settlement Discussions

The parties were unable to resolve this case at the mandatory settlement conference that took place on July 15, 2009. The defendant's last offer was $10,000 and the plaintiff's last demand was $115,000.

Damages

The plaintiff sought lost wages and benefits and punitive damages.

Injuries

The plaintiff claimed emotional distress and sought treatment from a therapist.

Result

Defense verdict. The jury found that the employer did not discharge the plaintiff from her employment because of her gender, and did not find that the employer engaged in malice, oppression or fraud necessary for an award of punitive damages.

Other Information

On the first day of trial, the plaintiff dismissed her intentional infliction of emotional distress claim. In response to the defendant's motion for nonsuit, the plaintiff dismissed her claim for wrongful termination in violation of public policy. The plaintiff proceeded to the jury on a claim alleging discriminatory discharge because of her gender. FILING DATE: June 10, 2008.

Deliberation

2.5 hours

Length

eight days


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