Facts

In late 2003, after about 16 years of employment, defendant Chevron International Exploration and Production Company terminated plaintiff Kiran Pande while she was on a medical leave of absence.

According to plaintiff's counsel, in 2002, Pande, a reservoir engineer, had complained that her supervisor retaliated against her when she complained about discrimination. After her complaint, she was denied a promised promotion, given a low performance rating, and given a lower than deserved merit raise. Thereafter, Pande for the first time began having trouble getting other positions at Chevron – positions for which she was extremely well-qualified.

According to plaintiff's counsel, in mid-2003, Chevron announced that Pande's division at Chevron was moving to Houston. Pande chose not to relocate and instead to take advantage of Chevron's promise to help find her alternative employment. Pande, however, was rejected for every one of the 18 positions to which she applied. The retaliation culminated in Chevron's termination of her just one week into a medical leave for surgery.

According to defense counsel, an investigation done by the Company when Pande first raised her discrimination complaint found no corroboration for Pande's allegations. Pande subsequently voluntarily dismissed her claim of discrimination prior to trial. Chevron also stated that while Pande applied for a number of positions, she was not viewed as the best candidate for many of them. In fact, at trial Pande conceded that even she did not believe she was qualified for many of the jobs she applied for. After she was unable to find another position and shortly before her work group was to move to Houston, Pande took a medical leave of absence. Her employment was terminated when her work group relocated.

Pande sued Chevron for retaliation, violation of the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA), and wrongful termination in violation of public policy. Chevron denied that Pande's termination was the result of retaliation or related to her medical leave.

Result

The jury found in favor of Chevron on the claims for violation of the FMLA and the CFRA. The jury awarded Pande $2.5 million in punitive damages as well as $3,071,535.50 for her past and future economic losses ($836,048.50 in past economic loss and $2,235,387 in future economic loss) after finding in favor of Pande on her retaliation and wrongful discharge causes of action. Defendant filed a motion for judgment as a matter of law during the trial on which the judge reserved ruling. A renewed motion for judgment as a matter of law will be filed shortly.

Other Information

Pande has filed a motion for her attorneys' fees under FEHA.

Deliberation

2.5 days

Length

11 days