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Employment Law
Wrongful Termination
Pregnancy Discrimination

Ingrid Rider v. Sire Enterprises Ltd.

Published: Nov. 16, 2013 | Result Date: Aug. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CIV1106245 Verdict –  $146,000

Court

Mariposa Superior


Attorneys

Plaintiff

Adrienne M. Moran


Defendant

Gail F. Flatt


Experts

Plaintiff

Vicki C. Darrow
(medical)

Defendant

Andrew P. Lin
(medical)

Facts

On Sept. 20, 2011, Ingrid Rider underwent surgery due to an ectopic pregnancy. At the time, she worked as an apartment manager for Sire Enterprises Ltd., a property management company. Her physician ordered her to completely take off from work until Dec. 2, 2011, to allow her to recover from her surgery. Sire terminated her on Nov. 15. She sued Sire for violations of the Pregnancy Disability Leave Law.

Prior to trial, the trial court granted Rider's motion for summary adjudication of liability on the cause for violations of the Pregnancy Disability Leave Law. Plaintiff also subsequently dismissed her wrongful termination claim without prejudice. The matter then carried on to trial on the issue of damages only.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was still on pregnancy leave when defendant fired her. Plaintiff also claimed that defendant's president, Steve Scarpa, thought that she was not really sick and fired her for failing to come to work even though defendant was required to provide an employee up to four months of leave from work for pregnancy-related disability. Plaintiff contended defendant violated the law and was therefore, required to reinstate her job at the end of her leave. Plaintiff also contended that even though her physician required her to be completely off work until Dec. 2, 2011, the physician did not require her to remain housebound, and plaintiff was able perform other activities.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was lying about her disability and was able to work. Scarpa hired someone to follow plaintiff around town, and she was seen driving her daughter to school and attending dinner with coworkers. Scarpa even saw a picture of plaintiff in the paper sitting in the stands at Cow Palace, an indoor events arena.

Defendant also contended that the law allows it to request for medical certification that an employee is disabled as a result of pregnancy or pregnancy-related condition. Defendant claimed that plaintiff did not turn in the appropriate documentation from her physician and therefore her absence was unexcused and basis for termination.

Damages

Rider sought $250,000 in compensatory damages for her emotional distress, and $36,000 for her loss of earnings. She also sought an unspecified amount of punitive damages due to Scarpa's actions.

Injuries

Rider claimed she suffered emotional distress as a result of her firing.

Result

The jury ultimately awarded Rider $46,000 in compensatory damages, which consisted of $36,000 for wages lost and $10,000 in emotional distress damages. The jury also found Sire liable for punitive damages, and awarded her an additional $100,000, for a total recovery of $146,000.

Deliberation

one day

Poll

11-1

Length

four days


#111734

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