Facts

In 1999, defendant Home View Design Inc. hired plaintiff Carlos Saldana as a temporary warehouse worker and promoted him to a full-time position three months later. In 1999, plaintiff served as temporary warehouse supervisor for eight months. He trained defendant Jose Flamenco, his new supervisor, whom defendant hired in November 2004. The plaintiff sued defendants for wrongful termination, harassment, discrimination, abuse, retaliation, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Flamenco consistently humiliated him in the presence of co-workers, ignored his work requests, and made him ask permission to take restroom breaks. Flamenco criticized plaintiff, calling him a "good for nothing" due to his race, national origin, or disability. He blocked passwords, denying plaintiff access to computers so plaintiff could not finish his work. He also tampered with plaintiff's work supplies.

In April 2005, the plaintiff alleged Flamenco threatened him with physical violence when he could not work late. Defendant Joshua Ng, Flamenco's supervisor, did nothing after plaintiff reported the incident. In May 2005, defendant Home View demoted plaintiff to an entry-level position, even after the plaintiff complained to Ng and Homeview supervisor Edward Tong.

Injuries

The plaintiff suffered anxiety and emotional distress.

Result

The jury awarded plaintiff a $55,000 verdict. The plaintiff withdrew his wrongful termination and breach of contract claims and the court granted defendant's motion for non-suit as to the claims of discharge in violation of public policy and intentional infliction of emotional distress. The jury found in plaintiff's favor on his claims of wrongful termination based on disability and retaliation.

Other Information

FILING DATE: March 16, 2007.