Renee Cortez v. Gardener Group LLC and Does 1 through 10
Published: Sep. 28, 2013 | Result Date: Jul. 18, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2011-00114176 Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Facts
In November 2009, Renee Cortez was a district eligibility team lead for Gardener Group LLC, a company that found public insurance for uninsured patients. Cortez went on maternity leave, but when she returned in March 2010, the Gardener Group informed her that it had decided to eliminate her position. Cortez then sued Gardener.
Contentions
PLAINTIFF'S CONTENTIONS:
Cortez argued that Gardener denied her reinstatement after her pregnancy leave. She claimed that Gardener discriminated against her based on her pregnancy, and her termination was in retaliation for her taking pregnancy leave. She further alleged that Gardener's actions amounted to wrongful termination, unfair competition, and intentional infliction of emotional distress.
Cortez also claimed that Gardener was liable for waiting time penalties and had wrongfully denied her overtime, meal, and rest periods.
DEFENDANT'S CONTENTIONS:
Gardener denied any discrimination and claimed that Cortez was terminated for legitimate business reasons. The company was in poor financial condition at the time of the decision to eliminate the district eligibility team lead position.
Damages
Cortez sought $570,000 in total damages, with $500,000 for emotional distress and $65,000 for back pay.
Result
The jury found that Cortez was exempt from overtime pay, and that Gardener had legitimate reasons for denying Cortez's reinstatement. The jury also found that Cortez's gender, pregnancy, request for pregnancy leave, and taking of pregnancy leave were not a substantial factor in the decision to eliminate the district eligibility team lead position and terminate Cortez's employment.
Deliberation
four hours
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