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Employment Law
Constructive Discharge
Pregnancy Discrimination

Wendy Jimenez v. Too Fast Inc.

Published: Jun. 20, 2009 | Result Date: Jul. 1, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC368614 Verdict –  $55,000

Court

L.A. Superior Central


Attorneys

Plaintiff

William W. Bloch
(William W. Bloch & Associates)

Robert E. Racine


Defendant

Michelle M. Lambre
(Mavredakis, Cranert & Crawford)

Michael P. Pollard


Facts

Plaintiff Wendy Jimenez was employed by defendant Too Fast Inc. dba Del Amo Motor Sports (Del Amo) as an assistant to the service manager, defendant Michael Larkin. In January 2007, Jimenez notified Del Amo that she was exposed to dangerous chemicals, fumes, and fuels. Jimenez was terminated after she notified Del Amo that she would require a 14-day pregnancy disability leave due to her doctor's orders for bed rest to avoid miscarriage. Jimenez filed suit for sex discrimination in violation of FEHA, intentional infliction of emotional distress, and failure to provide reasonable accommodation for her disability.

Contentions

PLAINTIFF'S CONTENTIONS:
Jimenez contended that she was terminated when she asked for a disability leave related to her pregnancy. Jimenez claimed was retaliated against for her attempt to create a healthier and safer workplace.

DEFENDANTS' CONTENTIONS:
The defendants countered that Jimenez was terminated for her constant tardiness and failure to report to work.

Injuries

Jimenez claimed emotional distress.

Result

The jury found for Jimenez in the amount of $55,000, with an additional $84,000 in attorney fees.

Other Information

FILING DATE: March 28, 2007.


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