Facts

Nick Miniello began working for Pacific Gas and Electric Co. on Feb. 13, 1962, prior to it establishing a written at-will policy. In 2007, Miniello was reprimanded for allegedly transmitting an offensive email and received a written warning in May 2007. In 2008, a complaint was made against him by the wife (and Pacific Gas and Electric Co. employee) of a subordinate.

Upon investigation, the complaint was allegedly corroborated but did not rise to the level of a policy violation. He was issued a final written warning letter in April 2008. Miniello contended that he was accused of harassing an employee who had a work-related injury in Nov. 2008 and that he was accused of violating his supervisor's instructions. He was terminated from his employment on Jan. 12, 2009.

Miniello sued the company alleging discrimination based on age in violation of the Fair Employment and Housing Act, breach of contract and breach of the covenant of good faith and fair dealing.

PG&E denied plaintiff's claims and asserted that plaintiff was terminated as a result of misconduct, repeated failure to follow instructions notwithstanding his communication of having understood such instructions, and insubordination.

Specials in Evidence

$276,072 $538,705

Damages

Miniello sought damages for lost wages and earnings, retirement benefits and emotional distress. He also sought punitive damages.

Injuries

Emotional distress; loss of earnings.

Result

The jury found that Pacific Gas discharged Miniello without good cause. The jury denied his claims for age discrimination, infliction of emotional distress, future economic damages and punitive damages. The jury awarded Miniello $181,614.05 in past economic damages.

Other Information

FILING DATE: Oct. 8, 2009.

Deliberation

1.5 days

Length

3.5 weeks