Facts

In July 2004, plaintiff Debra Roy purportedly sustained injuries in a slip-and-fall accident inside defendant Albertsons Inc.'s Folsom store, where she worked as a deli/bakery clerk. She filed a workers' compensation claim and was instructed not to lift objects over 20 pounds. Store manager, defendant Robert Carney, received plaintiff's prescribed work restrictions in November. In January 2005, plaintiff was suspended three days after she submitted her increased work restrictions to defendant Carney. She was later terminated.

The plaintiff filed suit, claiming disability discrimination, failure to accommodate her disability, retaliation, wrongful termination in violation of public policy, defamation, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she had previously told defendant Carney that defendant Darla Doerr, the deli manager, refused to accommodate plaintiff's work restrictions; that defendant Doerr and other deli workers refused to help plaintiff with tasks that fell outside the scope of her work restrictions. Defendant Doerr criticized plaintiff for her inability to complete certain tasks due to her work restrictions and disability. Further, management was on notice of the misconduct but failed to act.

Moreover, the plaintiff was falsely accused of stealing groceries from the store. Store policy permitted employees to take soda and groceries if they notified their supervisor and paid for it at the end of a break or shift. The plaintiff claimed she never stole any items from the store.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiff was terminated for unauthorized possession of company property. Defendant Carney had asked to see a receipt for a soda plaintiff had in her possession, which she failed to provide. Longstanding company policy required employees to have a receipt with them at all times for any food or drink in their possession. Employees were routinely terminated for violating this policy, even though the food or drink at issue were of little value.

Defendants further claimed that the plaintiff was never assigned tasks outside her work restrictions, and other employees assisted her when she required help. Defendants further denied that plaintiff was accused of stealing groceries.

Damages

The plaintiff claimed damages for emotional distress, in addition to attorney fees plus compensatory and punitive damages.

Result

The jury found for defendants on all claims.

Deliberation

1.5 days

Poll

12-0

Length

nine days