Facts

In 2002, Rodolpho Vargas, 47, was fired as an assistant banquet manager at the Four Points Sheraton Hotel in Santa Monica. The reason cited for termination was that Vargas had left his cash bank of $500 unattended under a banquet table for several days and had added $100 of his own money to it. Vargas sued the Four Points Sheraton and its parent company, Starwood Hotels & Resorts Worldwide Inc., for wrongful discharge.

PLAINTIFF CONTENTIONS:
The plaintiff contended that he had complained to human resources on several occasions about being treated differently because of his age. Disparate treatment included having his work hours reduced. Further, the plaintiff contended that he was terminated in retaliation for complaining about the discrimination. The plaintiff conceded that he left the bank unattended, but argued that a younger employee had once left the bank unattended and was not fired as a result.

DEFENDANT CONTENTIONS:
The defense contended that leaving the cash bank unattended for several days without putting it in a safe deposit box behind the front desk was grounds for termination. The defense also contended that the plaintiff was aware of the rules pertaining to handling the cash bank. In addition, the defense denied that it terminated the plaintiff as a result of his age, or in retaliation for his complaints. Instead, the defense argued that the plaintiff's hours were reduced because of a slow down in business following the September 11 terrorist attacks. The manager who made the decision to fire the plaintiff claimed that at the time she made the decision, she was not aware of the plaintiff's alleged complaints, or the fact that a younger employee had left his cash bank unattended. The defense also contended that Starwood did not operate the hotel. As to damages, the defense claimed that the plaintiff did not suffer income loss or emotional distress. Further, the defense argued that the hotel did not act in a manner warranting punitive damages.

Settlement Discussions

The plaintiff demanded $447,120. No offer was reported.

Damages

The plaintiff sought a total of $340,000 in back pay and loss of future income. The plaintiff also sought $250,000 in damages for emotional distress, as well as $750,000 in punitive damages.

Result

Judge Gary Feess granted the defense's motion for summary judgment.

Other Information

Judge Feess determined that Starwood was not the entity responsible for operating the hotel, and that there was no evidence of age discrimination and retaliation.