Craig Smith v. Jo-Ann Stores Inc.
Published: Mar. 27, 2010 | Result Date: Apr. 24, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07CECG04134 Verdict – $348,900
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Matthew E. Farmer
(Littler Mendelson PC)
Bren K. Thomas
(Jackson Lewis )
Experts
Plaintiff
Mark Keppler
(technical)
Facts
In September 2005, plaintiff Craig Smith began employment with defendant Jo-Ann Stores Inc., after 20 years of working for Target. On Smith's annual performance review, in October 2006, he received "meets or exceeds" standards scores in all categories and also received a salary increase. In November, an assistant store manager informed Smith that two seasonal employees had circulated a rumor that Target had terminated him for sexual harassment. Around Nov. 30, Smith was suspended pending further investigation and told it his suspension was because of "sexual harassment." Subsequently, on Dec. 6, Smith was terminated from his job at Jo-Ann Stores. Sith filed suit against Jo-Ann Stores for wrongful termination.
Contentions
PLAINTIFF'S CONTENTIONS:
Smith claimed that, before and after signing the employment offer, Smith was never told his employment was at-will. Additionally, Smith contended, the assistant manager knew the rumor was false, having previously worked at Target and knowing both Smith and his wife. Smith further claimed that the assistant manager had recommended the two employees be terminated to stop the rumors. Smith also alleged that two female assistant managers, upset that the matter was not referred to human resources, reported that Smith had been accused of inappropriately touching store employees. The assistant manager testified that these allegations were never brought to his attention.
Damages
Smith sought damages for past and future loss of wages and testified that his wrongful termination was embarrassing and humiliating, causing him significant grief and weight loss.
Result
The jury found in favor of Smith and awarded him damages.
Deliberation
1.5 days
Poll
11-1
Length
10 days
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