Facts

Dr. Mary Fitzsimons became a member of California Emergency Physicians Medical Group, which included Dr. Wesley Curry as president, Dr. Ted Kloth as chairman of the board of directors, and Dr. Mark Spiro as the chief operating officer. Fitzsimons alleged that even though she was designated a "partner," the group had total control over her compensation, control over her appointment or removal from certain positions, and control over her shifts. Fitzsimons alleged that due to the group's control, she was therefore also an employee of the group.

Fitzsimons was elected to the group's board of directors in 2003, and was its sole female director. An employee of the group's subsidiary businesses complained of sexual harassment by certain male officers and agents of the group, including Curry. She then reported the claims to Spiro, human resources, and other senior management, but no action was taken. When she demanded a summary of any investigations made by the group and plans for correction, Curry indicated that he wanted her to resign from her position or she would be removed.

Fitzsimons refused to resign and she was subsequently removed. She became the subject of retaliatory activity intended to punish her and get her to leave the group. She filed a complaint with the Equal Employment Opportunity Commission (EEOC), and subsequently sued the group, Curry, Kloth, and Spiro for retaliation in violation of public policy, breach of contract, and breach of the covenant of good faith and fair dealing. She also claimed a breach of fiduciary duty against Curry and Kloth.

The individuals named were voluntarily dismissed, and the case was bifurcated under Fitzsimons' status as a partner and her retaliation claim.

Injuries

Fitzsimons sought recovery for lost wages, salary, benefits and compensation, loss of economic opportunity, mental anguish and emotional distress, punitive damages, costs of suit and attorney fees.

Result

The jury found for the defense and found that Fitzsimons was a partner of the group and not an employee. The case was then dismissed.